PUBLISHED BY AUTHORITY 



LAWS 



PEETAING TO 



1 



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STATE OF OREGON 



Senate Concurrent Resolution No. 29 







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Vet?/ 



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SALEM, OREGON: 

J. R. WHITNEY, STATE PRINTER, 
1905. 



1 . 



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OREGON LAWS 



PERTAINING TO 



THE FISHING INDUSTRY 



As Contained in Bellinger and Cotton's Annotated Codes and 
Statutes op Oregon, Together with all Laws and Amendments 
thereto, Including the Laws Enacted at the Twenty-third 
Legislative Assembly, Taking Effect May, 18, 1905. 



OF FISHERIES. 



THE PROTECTION OF SALMON. 



I 4059. Salmon Denned. 

Wherever the word "salmon" is used in this act the same 
shall be deemed and held to include chinook, steelheads, and 
all other anadromous species of salmon and trout. [L. 1901, 
p. 329, § 1.] 

I 4060. Salmon Fishing by Act Following. 

It shall be unlawful to take or fish for salmon in any rivers 
or their tributaries in the State of Oregon, or any waters over 
which the State of Oregon has concurrent jurisdiction, except 
as hereinafter provided. [L. 1901, p. 329, § 2.] 

\ 4061. Closed Season for Salmon on Columbia West of Des Chutes. 
It shall hereafter be unlawful to take or fish for salmon 
fish or sturgeon in the Columbia River or any of the waters or 
sloughs thereof west of its confluence with the Des Chutes 
River or within three miles outside of the mouth of said Co- 



4 Laws Pertaining to the Fishing Industry. 

lumbia River, by any means whatever, between March 15, 
noon, and April 15, noon, or between August 25, noon, and 
September 10, noon, of any year. [L. 1905, p. 238, § 1.] 

I 4062. Salmon Fishing, Except With Hook, on Columbia East of Des 
Chutes Prohibited. 

It shall be unlawful to take or fish for salmon at any time 
by any means whatever, except with hook and line, commonly 
called angling, or to take or fish for salmon in any manner 
whatever during the spawning season on any spawning bed or 
shallow, where salmon are wont to lie and deposit their spawn, 
in the Columbia River or any of its tributaries east of its con- 
fluence with the Des Chutes River. [L. 1901, p. 329, § 4.] 

\ 4063. Willamette and Tributaries, Closed Season On. 

It shall be unlawful to take or fish for salmon in the Wil- 
lamette River audits tributaries, north of the falls at Oregon 
City, by any means whatever, except with hook and line, 
commonly called angling, from March 15, noon, to April 15, 
noon, and from June 15, noon, to November 1, noon, in any 
year ; or to take or fish for salmon by any means whatever after 
the passage of this act, except with hook and line, commonly 
called angling, in the Willamette River or any of its tributaries 
south of the lower part of the falls at Oregon City. [L. 1905, 
p. 238, § 2.] 

I 4064. Rogue River and Tributaries, Closed Season On. 

It shall hereafter be unlawful to take or fish for salmon in 
Rogue River and its tributaries, or in Big Butte Creek and its 
tributaries, above their confluence, except with rod and line, 
commonly called angling ; or to take or fish for salmon in 
Rogue River and its tributaries between the mouth of said 
Big Butte Creek and the mouth of the Illinois River, and in 
said Illinois River and its tributaries, by any means whatever, 
except with rod and line, commonly called angling, from 
March 15 to April 15, and from August 1 to December 
31 in any year ; or to take or fish for salmon in Rogue River 
and its tributaries by any means whatever, west of its conflu- 



Laws Pertaining to the Fishing Industry. 5 

•ence with the Illinois River, from March 1 to April 1, and 
from August 15 to September 1 in any year, or within three 
miles outside of the mouth of said Rogue River from May 1 
to August 1 in any year. [L. 1905, p. 239, § 3.] 

•g 4065. Tillamook Bay and Tributaries, Closed Season On. 

It shall be unlawful to take or fish for salmon in the tribu- 
taries of Tillamook Bay, above tide water, at any time, by any 
means whatever, except with hook and line, commonly called 
angling, or in any of the waters of Tillamook Bay or its tribu- 
taries, below the points hereinafter named, between March 20 
and July 15 of each year, or between November 20 and De- 
cember 10 of each year ; or in any of the following named 
streams, being tributaries of Tillamook Bay, except with hook 
and line, commonly called angling, from March 20 to Decem- 
ber 10, above the points hereinafter named, namely : 

Miami River — At the intersection of said stream by the 
south line of section 11, in township 1 north of range 10 w T est 
of Willamette meridian. 

Kilchis River — At the intersection of said stream by the east 
line of section 12, in township 1 south of range 10 west of the 
Willamette meridian. 

Wilson River — At the intersection of said stream by the 
quarter section line running north and south through section 
20, in township 1 south of range 9 west of Willamette me- 
ridian . 

Hoquarton Slough — At the intersection of said slough by the 
west line of section 24, in township 1 south of range 10 west 
of Willamette meridian. 

Trash River — At the intersection of said river by the quarter 
section line running east and west through section 26, in town- 
ship 1 south of range 10 west of Willamette meridian. 

Tillamook River — At the intersection of said stream by the 
west line of section 7, in township 2 south of range 9 west of 
Willamette meridian. [L. 1905, p. 239, § 4.] 



6 Laws Pertaining to the Fishing Industry. 

I 4066. Alsea River, Bay, and Tributaries, Closed Season On. 

It shall be unlawful to take or fish for salmon in the tribu- 
taries of Alsea Bay, above tide water, at any time by any means 
whatever, except by hook and line, commonly called angling; 
or to take or fish for salmon in any of its bays or tributaries 
below tide water from 6 p. m. Saturday to 6 p. m. the Sunday 
following in any week of any year, or from the first day of 
March until the twentieth day of August and from the twen- 
tieth day of November until the twentieth day of December of 
each year. [L. 1901, p. 331, § 8.] 

The foregoing act was filed in the office vision is in conflict with the last pi-eceding 
of the Secretary of State on February 28, section, and is superseded by it, the act to 
1901. An act approved February 25, 1901, which such section belongs being the later 
(L. p. 134,) amending an act passed in 1889, act. The act in question purports to amend 
(L. p. 63,) provides that it shall be unlaw- section 1 of the act of 1899, of which latter 
ful for any person or persons to take or act there were but two sections (the section 
fish for salmon in the waters of the Alsea amended and a penal provision for its en- 
River, bay, and tributaries from the first forcement.) The two succeeding sections 
day of July until the twentieth day of An- are sections 2 and 3 of the act of February 
gust or from the twentieth day of Novem- 25, 1901. 

ber until the twentieth day of December of See § 4071 as amended by act of 1905. 
each year. It will be seen that this pro- 

§ 4067. Fish Wheels, Traps, etc., in Alsea Bay, River, and Tribu- 
taries Unlawful. 

It shall be unlawful for any person, association, or corpora- 
tion to build, construct, or operate any fish trap or fish wheel, 
or any mechanical contrivance for the purpose of catching 
salmon, in any of the waters of the Alsea Bay, river, or its 
tributaries. [L. 1901, p. 134, § 2.] 

Yaquina Bay — Mill Creek —Angling. 

That hereafter it shall be unlawful to fish at any season of the 
year, at any point above the mouth of Mill Creek, on Yaquina 
Bay, or its tributaries, with any appliance whatever, except with 
fishhook and line, or what is commonly called angling. [L. 1903, 
p. 143, § 1.] 

Alsea Bay — Gravel Bar —Angling. 

That hereafter it shall be unlawful to fish at any season of 
the year, at any point above what is known as Gravel Bar, one 
half mile below Tidewater post office, on the Alsea Bay, or its 
tributaries, except with fishhook and line, or what is commonly 
called angling. [L. 1903, p. 143, § 2.] 



Laws Pertaining to the Fishing Industry. 7 

Penalty for Violating. 

Any person or persons violating any of the provisions of 
this act shall be guilty of a misdemeanor, and upon conviction 
thereof shall be fined in the sum of not less than $25 nor more 
than $100. [L. 1903, p. 143, § 5.] 

Duties of Officers. 

It shall be the duty of every sheriff, constable, or peace officer 
to inform upon and prosecute any person or persons found vio- 
lating any of the provisions of this act. [L. 1903, p. 143, § 6.] 

| 4068. Penalty for Violation of Foregoing Provision. 

Any person, association, or corporation violating any of the 
provisions of this act shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined in a sum not less than 
$50 nor more than $500. [L. 1901, p. 134, § 3.] 

\ 4069. Umpqua River and Tributaries, Closed Season On. 

It shall be unlawful to take or fish for salmon in the Ump- 
qua River, or any of the bays or tributaries thereof, below the 
points hereinafter named, from March 20 to May 15, and from 
November 20 to December 10 of any year ; or to take or fish 
for salmon by any means whatever, except with hook and 
line, commonly called angling, and for propagating purposes, 
above the points specified on each stream, namely: North 
Fork, above the railroad bridge crossing said stream at the 
town of Winchester ; South Fork, above the south boundary 
line of the town of Roseburg. [L. 1905, p. 240, § 5.] 

\ 4070. Coos Bay, Coquille River, and Tributaries, Closed Season On. 

It shall be unlawful to take or fish for salmon in Coos Bay 
or Coquille River, or their tributaries, or Lower Ten-Mile 
Creek, at any time or by any means whatever, between 6 a.m. 
on the twentieth day of March and 6 p. m. on the fifteenth day 
of July, or between 6 a. m. on the twentieth day of November 
and 6 p. m. on the tenth day of December of any year. It shall 
be unlawful to take or fish for salmon at any time, except with 
hook and line, commonly called angling, in the South Fork of 



8 Laws Pertaining to the Fishing Industry. 

the Coquille River above the junction of the same at what is 
known as " Hoffman's Bridge," or in the north or east forks 
of said river above the junction of said north and east forks. 
It shall be unlawful to take or fish for salmon at any time, ex- 
cept with hook and line, commonly called angling, in the 
north or south forks of Coos River, above the junction of the 
two streams, excepting during the season commencing at 6 
p. m. on the tenth day of December and ending at 6 a. m. on 
the twentieth day of March, during which time salmon may be 
caught, other than with hook and line, as far as the forks of 
the North Fork, commonly known as "Allegany," and as far 
as the island opposite the " Mark Cutlip " place in the South 
Fork. [L. 1905, p. 241, § 6.] 

§4071. Coast Streams, Closed Season On. 

It shall be unlawful to take or fish for salmon in any of the 
following named streams, or anv of their tributaries, above 
tide water, at any time by any means whatever, except with 
hook and line, commonly called angling, or any of their bays 
or tributaries, below tide water, between 6 a. m. on the twen- 
tieth day of March and 6p.m. on the fifteenth day of July, or 
between 6 a.m. on the twentieth day of November and 6p.m. 
on the tenth day of December of any year, namely: Windchuck 
River, Chetco River, Pistol River, Elk River, Sixes River, 
Upper Ten-Mile Creek, Alsea Bay and river, Beaver Creek, 
Siletz River, Salmon River, Nestucca Bay and river, Elk 
Creek, and Klamath River. It shall be unlawful to take or 
fish for salmon in the Siuslaw River, or its tributaries, at any 
time by any means whatever, except with hook and line, com- 
monly called angling, above Mapleton on said river, or to 
take or fish for salmon in any of its tributaries or bays below 
Mapleton from 6 a. m. on the twentieth day of March to 6 p. m. 
on the fifteenth day of July, or from 6 a. m. on the twentieth 
day of November to 6 p. m. on the tenth day of December of 
any year, except with hook and line commonly called angling. 
It shall be unlawful to take or fish for salmon in the Yaquina 
Bay, or its tributaries, at a,uj time by any means whatever, 



Laws Pertaining to the Fishing Industry. 9 

except with hook and line, commonly called angling, at any 
point above the mouth of Mill Creek, or to take or fish for 
salmon in any of its bays or tributaries below the mouth of Mill 
Creek from 6 a.m. on the twentieth day of March to 6 p. m. on 
the fifteenth day of July, or from 6 a. m. on the twentieth day 
of November to the tenth day of December many year. It shall 
be unlawful to take or fish for salmon in the Nehalem River, 
or its tributaries, at any time by any means whatever, except 
with hook and line, commonly called angling, above a point on 
said river three miles below its confluence with Foley Creek, 
or to take or fish for salmon below said point, on said river, 
from 6 a. m. on the twentieth day of March to 6 p. m. on the 
fifteenth day of July, or from 6 a. m. on the twentieth clay of 
November to 6 p.m. on the tenth day of December of any year, 
except with hook and line, commonly called angling. [L. 1905, 
p. 241, § 7.] 

| 4072. Traps, Weirs, Fishing Dains, and Fish Wheels. 

It shall be unlawful for any person or persons to construct, 
maintain, or operate any trap, weir, fishing dam, or fish wheel 
in any of the following named streams, or to operate any set 
net or other fixed appliance which shall extend more than one 
third across any of the waters thereof : Willamette River and 
its tributaries, Rogue River and its tributaries, Umpqua River 
and its tributaries, Tillamook Bay and its tributaries, Alsea 
Bay and its tributaries, Windchuck River, Chetco River, Pistol 
River, Elk River, Sixes River, Coquille River, Coos Bay, Lower 
Ten-Mile Creek, Upper Ten-Mile Creek, Siuslaw River, Beaver 
Creek, Yaquina Bay, Siletz River, Salmon River, Nestucca 
Bay, Nehalem River, Elk Creek, Necanicum River, Klamath 
River and tributaries ; provided, that the provisions of this sec- 
tion shall not be construed to apply to that portion of the Ne- 
canicum Creek, or river, below the lowermost bridge which is 
now constructed on said creek or river, or their tributaries. 
[L. 1901, p. 332, § 12.] 

An act passed in 1899 (L. p. 72,) provided fish law of 1901, except as to the next suc- 
s close season for the waters of Sixes, Elk, ceeding section (section 2 of the act re- 
Pistol, Chetco, and Windchuck rivers and ferred to), which gives to riparian owners 
their tributaries and bays, and for any the exclusive right of fishing with seines 
other stream in Curry County, and for and nets on each "of said rivers," the rivers 
Rogue River, the Illinois River, and their above mentioned, 
tributaries. The act is superseded by the 



10 Laws Pertaining to the Fishing Industry. 

\ 4073. Riparian Owners, Exclusive Rights of. 

The owner or owners of tide lands, and riparian owners 
above tide water, on each side of said rivers, as appurtenances 
thereto, shall have the exclusive right and privilege of fishing 
for salmon fish with seines and nets and hauling and landing 
seines and nets on said lands, and no person or persons shall 
anchor said nets, or put or place any obstruction or obstruc- 
tions whatever in the water fronting said tide lands in any 
place or places where said tide lands are used for hauling or 
landing seines. [L. 1899, p. 72, § 2.] 

Idem — Necanicum River — Exception. 

It shall be unlawful hereafter for any person or persons to 
construct, operate, or maintain or place, or permit to be placed, 
constructed, operated, or maintained, in any of the waters of 
the Necanicum River, or any tributary thereof, any fish trap, 
pound net, or any fixed device howsoever constructed, except- 
ing only a set net, to be constructed as hereinafter provided, 
for the purpose of, or which is capable of, taking or catching 
or impeding the run of fish of any kind up said stream. 
[L. 1903, p. 159, § 1.] 

Set Nets — Construction, Operation, etc. 

It shall be unlawful for any person or persons to construct, 
operate, maintain, or place, or suffer or permit to be operated, 
maintained, or placed, in the waters of the Necanicum Creek, 
or any of its tributaries, any set net, excepting when the same 
shall be constructed, operated, maintained, and placed in the 
manner following, that is to say : 

1. The meshes in each set net must not be less than seven 
and one fourth (7i) inches. 

2. A clear passageway of at least one third, and, in any 
event, sixteen feet in the center of the main channel shall be 
at all times maintained unobstructed by any such net or any 
contrivance placed thereon, or any wing placed thereon or 
leading thereto. 

3. There shall be at least a distance of five hundred feet be- 
tween each net. [L. 1903, p. 159, § 2.] 



Laws Pertaining to the Fishing Industry. 11 

Seine or Drag Net — Mesh. 

It shall be unlawful hereafter for any person or persons to 
operate, or cause to be operated or placed, in the waters of 
the Necanicum Creek, or any tributary thereof, any seine or 
drag net, or like contrivance, any mesh of which is less than 
seven and one quarter (7i) inches. [L. 1903, p. 160, § 3.] 

Idem — : Size of Mesh, How Determined. 

For the purpose of determining the size of any mesh in any 
seine or drag net or set net, or like contrivance, mentioned in 
this act, the mesh shall be measured diagonally from opposite 
corner to opposite corner, stretched taut. [L. 1903, p. 160, § 4.] 

Penalty for Violation. 

Any person violating any of the provisions of this act shall 
be deemed guilty of a misdemeanor, and upon conviction shall 
be punished by fine not less than $50 nor more than $250, or 
by imprisonment in the county jail not exceeding one hundred 
and twenty-five days, or both fine and imprisonment. [L. 1903, 
p. 160, § 5.] 

Jurisdiction — Justice Courts. 

Justices of the peace shall have concurrent jurisdiction with 
the circuit court of any violation of the provisions of this act. 
[L. 1903, p. 160, § 6.] 

I 4074. Young Salmon in Tide Waters Protected. 

It shall be unlawful to take or fish for the young of salmon, 
under twelve inches in length, in any waters of the State of 
Oregon, or in the waters of any of the rivers or bays over which 
the State of Oregon has concurrent jurisdiction, at anytime or 
in any manner whatever ; or to take, fish for, stone, club, shoot,. 
with any description of firearm, spear, foul hook, or molest, 
wound, kill, or injure, in any manner at any time whatever, or 
to expose for sale or have in possession, except for the purpose 
of propagation, any gravid or spawning salmon. [L. 1903, 
p. 233, § 6.] 



12 Laws Pertaining to the Fishing Industry. 

2 4075. Gaffs, Spears, and Foul Hooks, Prohibited — Rogue River 
Waters Excepted. 

It shall be unlawful at any time whatever to take, fish for, 
or pursue salmon in any of the rivers and their tributaries in 
the State of Oregon, or in any waters over which the State of 
Oregon has concurrent jurisdiction, with spear, gaff, or foul 
hook, or other device, whether used with rod and line or other- 
wise, for the purpose of foul-hooking salmon ; provided, that 
nothing in this act shall be construed to affect operations and 
rights of the North American Indians who have not severed 
their tribal relations. [L. 1903, p. 233, § 8.] 

$ 4076. Penalties for Violating Fish Act — Burden of Proof— Disposi- 
tion of Contraband Fish. 

Any person or persons, firm or corporation, found fishing or 
taking, catching, or transporting salmon fish or sturgeon in or 
upon any of the waters of this State, or in or upon any of the 
waters over which this State has concurrent jurisdiction, or 
found making use of any boat or boats, vessel or vessels, or any 
fish trap, weir, pound net, gill net, set net, fish wheel, seine, or 
any other device intended for or which is capable of being 
used to catch or transport salmon fish or sturgeon, in or upon 
any of the waters of this State, or in or upon any of the waters 
over which this State has concurrent jurisdiction ; or who shall 
have in or upon any of the waters of this State, or in or upon 
any of the waters over which this State has concurrent juris- 
diction, or who shall leave or cause to be left in a condition to 
take or catch salmon fish or sturgeon, in or upon any of the 
waters of this State, or in or upon any of the waters over which 
this State has concurrent jurisdiction, any fish trap, weir, pound 
net, gill net, set net, fish wheel, seine, or any other device in- 
tended for or which is capable of being used to catch salmon 
fish or sturgeon, during any existing closed season or any closed 
season that may hereafter be enacted; or who may purchase 
salmon fish or sturgeon, or have in its or their possession salmon 
fish or sturgeon unlawfully caught during any existing closed 
season, or any closed season that may hereafter be enacted, 
shall be deemed guilty of a misdemeanor, and upon conviction 



Laws Pertaining to the Fishing Industry. 13 

thereof shall be fined in a sum not less than $50 nor more than 
$500, and costs, for each and every offense, and in addition 
thereto shall forfeit the boat or boats, vessel or vessels, fish trap 
or fish traps, weir or weirs, pound net or pound nets, gill net 
or gill nets, set net or set nets, fish wheel or fish wheels, seine 
or seines, or any other device or devices so unlawfully used, 
and the salmon fish or sturgeon found in his or their or its 
possession. All salmon fish or sturgeon so unlawfully caught 
or taken and all property forfeited under the provisions of this 
section shall be immediately taken possession of by the fish 
warden, deputy warden, or water bailiff, and shall be confiscated 
by said warden, deputy warden, or water bailiff and immedi- 
ately thereafter turned over to the master fish warden who may 
dispose thereof at his discretion. The money arising from the 
sale of salmon fish or sturgeon and all property forfeited under 
the provisions of this section shall be deposited with the State 
Treasurer to be placed in the " Hatchery Fund" for the district 
in which such seizure and confiscation was made. In all pros- 
ecutions under this section the possession by any person of 
salmon fish or sturgeon during any close season, or any close 
season that may hereafter be enacted for the protection of 
salmon fish or sturgeon, shall be construed as prima facie evi- 
dence that the same were unlawfully caught during said closed 
season, and it shall be no defense that the fish were caught or 
taken outside or within the State. [L. 1905, p. 426, § 1.] 

I 4077. Placing Deleterious Matter or Explosives in Waters of State 
Unlawful. 

It shall be unlawful for any person or persons to throw or 
cast or pass, or cause or permit to be thrown or cast or passed, 
in any waters of the State in which salmon fish of any kind or 
other food fishes are wont to be, any lime, drug, powder, med- 
icated bait, gas, or cocculus indicus, or any other substance del- 
eterious to fish, or to explode or cause to be exploded in any 
waters of this State any powder, hercules powder, giant pow- 
der, dynamite, nitroglycerine, or any explosive substance what- 
ever, for the purpose of catching, killing, or destroying any 
salmon or any food fish. [L. 1901, p. 336, § 22.] 



14 Laws Pertaining to the Fishing Industry. 

BOARD OF FISH COMMISSIONERS. 

I 4078. Authorized to Appoint Fish Warden, Deputy and Special 
Deputy — Duties and Compensation of Wardens. 

The Governor, Secretary of State, and -State Treasurer are 
hereby created a Board of Fish Commissioners. It shall be 
the duty of such fish commissioners to appoint one Master Fish 
Warden, and also one deputy, who shall be known as Deputy 
Fish Warden, who shall have the same power and authority for 
enforcement of the law as the Master -Ei-sh Warden. They 
shall hold their offices at the pleasure of the Board of Fish 
Commissioners, who may summarily remove them whenever 
in their judgment they shall deem such^i change for any cause 
advisable. Before entering upon the d-uties of his office, the 
said Master Fish Warden shall file with the Secretary of State 
a bond, to be approved by the board, in the sum of $25,000, 
with two or more sureties, conditioned for the faithful perform- 
ance of his duties as prescribed in this act. His compensation 
shall be $2,500 per year, to be paid quarterly from the general 
fund, and he shall be allowed for hire of patrol boats and his 
actual traveling expenses, office, and other necessary expenses 
in the performance of his duties, the sum of $1,700 per year, 
to be paid from the said fund. The Deputy Fish Warden shall, 
before entering upon his duties, execute a bond with one or 
more sureties, to be approved by the board, in the sum of 
$1,000 to the State of Oregon, comM-tkmed for- the faithful per- 
formance of his duties. The Deputy Fish Warden shall devote 
his entire time and attention to the fish industry of the State, 
under the direction of the board and-strpervision of the Master 
Fish Warden, and shall receive a salary of $1,000 per year, 
payable quarterly from said fund, and he shall be allowed for 
his actual traveling expenses while in the performance of his 
duties, the sum of $500 per annum. The Board of Fish Com- 
missioners is hereby authorized to appoint a special deputy for 
any stream in the State, who shall be known as "Water Bailiff," 
and who shall reside in the vicinity of said stream for which 
he is appointed. Such water bailiff shall have the power to 
enforce the fish laws in any part of the State, under the direc- 



Laws Pertaining to the Fishing Industry. 15 

tion of the master or deputy wardens. The special deputy 
shall receive the sum of $3.00 per day while in the actual per- 
formance of his duties, and shall receive for his actual travel- 
ing expenses, upon vouchers for the same, not to exceed $2.00 
per day, while in the performance of his duties, the same to 
be paid out of the "hatchery fund." [L. 1901. p. 334, § 16.] 

PISH HATCHERIES. 

| 4079. Commissioners to Locate and Wardens to Construct Hatch- 
eries. 

It shall be the duty of such fish commissioners to select 
and locate, or direct the selection and location of, suitable sites 
for the construction of fish hatcheries, and direct the fish 
wardens to construct thereat such hatcheries as in the judg- 
ment of the board will be to the best interests of the fishing 
industry. Said commissioners shall have the right to pay out 
all moneys in the hatchery fund provided by law for the con- 
struction and operation of fish hatcheries ; also to audit all 
bills of the fish wardens before the same are paid, and to gen- 
erally exercise a supervisory control over the fish wardens and 
all fish hatcheries of the State. [L. 1901, p. 335, § 17.] 

I 4080. "Hatchery Fund," Money and Fines Collected to Constitute — 
Districts. 

For the purposes of this act the State of Oregon is hereby 
divided into fishing districts as follows : District No. 1 shall 
include that portion of the Columbia River and its tributaries 
over which the State of Oregon has jurisdiction. District No. 2 
shall include all the coast streams and their tributaries in the 
State of Oregon south of the Columbia River. The fish warden 
shall collect and receive all license fees, fines or parts of fines, 
or proceeds arising from the sale of confiscated fish or fishing 
appliances, under the provisions of this act, and shall pay the 
same to the State Treasurer within thirty days after collection 
or receipt thereof, to be placed in the hatchery fund, said fund 
to be used for hatchery purposes under direction of the Board 
of Fish Commissioners. All sums of money collected in any 
district shall be bv the State Treasurer credited to the "hatch- 



16 Laws Pertaining to the Fishing Industry. 

ery fund " of such district, and in paying over moneys collected, 
the fish wardens shall designate the district in which all 
moneys were collected ; he shall take a receipt, in duplicate, 
from the State Treasurer, one he shall file in his own office and 
the other in the office of the Secretary of State. The money 
collected in any district shall not be expended, except in the 
district in which it was collected. All moneys now in the 
" hatchery fund," after all outstanding accounts against said 
fund have been paid, shall be apportioned and transferred as 
follows : Two thirds to the hatchery fund of District No. 1 ; 
one third to the hatchery fund of District No. 2; and the Sec- 
retary of State shall issue his warrants on the State Treasurer, 
making such transfer from the "hatchery fund." Upon the 
payment of any judgment that may have been obtained against 
any person or persons for the violation of any of the provisions 
of this act, the same shall be satisfied by the district attorney, 
upon the presentation of the receipt of the Master Fish Warden. 
[L. 1903, p. 234, § 10.] 

#4081. Private Salmon Hatchery, Payment to Out of License Money. 
When there shall be in operation on any river of this State, 
for the purpose of stocking said river or its tributaries with 
salmon, owned by any person or persons or corporation, the 
Board of Fish Commissioners, upon proper evidence that said 
salmon hatchery shall have been operated in any year in such 
a manner as to produce a benefit to such stream equal to that 
derived from the same amount of money expended at hatch- 
eries maintained and operated by the Board of Fish Commis- 
sioners, the said Board of Fish Commissioners shall pay over 
to such person or persons or corporation not to exceed sixty 
per cent of the moneys received by such board for licenses 
from such persons engaged in fishing or packing fish on such 
river or its tributaries; the same to be used by such person or 
persons, firm, or corporation in propagating salmon in such 
river or its tributaries. [L. 1901, p. 335, § 19.] 



Laws Pertaining to the Fishing Industry. 17 

\ 4082. Construction and Operation of Hatcheries in Adjoining States. 
The State Board of Fish Commissioners is hereby authorized 
to construct, maintain, or operate salmon hatcheries in an ad- 
joining State, and to expend a portion of the money in the 
" hatchery fund " for that purpose; provided, that no hatchery 
shall be constructed or operated on any stream in an adjoin- 
ing State that is not a tributary of the Columbia River, or 
whose waters do not flow into said Columbia River. [L. 1901, 
p. 336, § 20.] 

g 4083. Racks or Other Obstructions for Hatchery Purposes. 

The Fish Commissioner and the Fish Commission of the 
United States Government, or any individual operating hatch- 
eries in this State, are hereby authorized to erect racks, traps, 
or other obstructions across any of the streams in this State 
for the purpose of obtaining salmon for propagating purposes, 
and it shall be unlawful for any person or persons to injure or 
destroy and such racks, traps, or obstructions by any means 
whatever, or take, kill, destroy, or molest any salmon within 
two miles below any such rack, trap, or obstruction across any 
stream in this State. [L. 1901, p. 336, § 21.] 

Hatcheries on Columbia River and Tributaries — Establishment and 
Maintenance. 

That there be and hereby is appropriated from any money 
in the State treasury, not otherwise appropriated, the sum of 
$15,000, or so much thereof as may be necessary, for the pur- 
pose of establishing, erecting, constructing, and equipping 
suitable hatcheries for the propagation of salmon fish on the 
Columbia River and its tributaries in the State of Oregon, 
one of which hatcheries shall be constructed and maintained 
on the Wallowa River at some suitable place designated by 
the Board of Fish Commissioners, and there is also hereby ap- 
propriated out of any money in the State treasury, not other- 
wise appropriated, the sum of $10,000 for the operation and 
maintenance of salmon fish hatcheries on the Coast streams of 
the State of Oregon, south of the Columbia River. [L. 1905, 
p. 99, § 1.] 

Fisheries 2 



IS Laws Pertaining to the Fishing Industry. 

Expense Claims— To be Approved and Audited. 

No part of said sum hereby appropriated shall be used or 
expended for any purpose whatever, otherwise than as speci- 
fied in section 1 of this act, at such places as shall be selected 
by the Board of Fish Commissioners ; all vouchers covering 
expenses incurred in carrying out the provisions of this act, 
shall be approved by the Board of Fish Commissioners, pre- 
sented to the Secretary of State for payment, and by him 
audited as other claims against the State. [L. 1905 p 99 
§2.] 

POSSESSION OF FISH DURING CLOSE SEASON PROHIBITED. 

| 4084. Possession of Fish Caught During Closed Season Unlawful — 
Presumption From Possession. 

It shall be unlawful for any person or persons to receive, or 
have in his or their possession, or sell or offer for sale or trans- 
portation, or transport, during the closed season named in this 
act, any chinook, steelhead, blueback, silverside, or other species 
of salmon, caught or taken during any of the close seasons 
named in this act ; and in all prosecutions under this section 
the possession by any person during the close season named 
in this act of any chinook, steelhead, blueback, silverside, or 
other species of salmon, shall be construed as prima facie evi- 
dence that the same were unlawfully caught during the close 
season. [L. 1901, p. 336, § 23.] 

Under the former law it was held that it the State, becoming a part of its general 
was not a violation of the law to have in propertv, as to those caught within its lim- 
one's possession during the closed season its: State v. Sehuman, 36 Or 10 58 Pac 



lot in- 
interstate 
4/ ?- , , ,.,... , commerce: In re Deininger, 108 Fed. 623. 

Under a law prohibiting the possession of The wording of this section however 
trout in closed season however, this case seems to allow the possession of trout 
is distinguished and it is held that the law caught in another State or in an open 
was as much in force against trout lawfully season, 
caught in another State and shipped into 

OBSTRUCTION OF STREAMS PROHIBITED. 

'i 4085. Obstruction in Fish Stream Prohibited — Taking Fish Within 
Six Hundred Feet of Fish Way Unlawful. 

It shall be unlawful for any person to construct any milldam 
or artificial obstruction across any stream in this State fre- 
quented by salmon or trout, or to maintain any such milldam 



Laws Pertaining to the Fishing Industry. 19 

or obstruction heretofore erected without providing a passage- 
way for such fish over such obstruction, such passageway for 
fish to be constructed as near the main channel as may be 
practicable. It shall be the duty of the fish warden to examine, 
from time to time, all milldams and artificial obstructions to 
all rivers and streams in the State frequented by salmon or 
other migratory fish, and if in his opinion there is not a free 
passage for fish over any milldam or artificial obstruction, to 
notify the owner or occupant thereof to provide the same 
within a reasonable time with a durable and efficient fish way, 
of such form and capacity and in such location as shall be de- 
termined by the fish warden. If such fish way is not com- 
pleted to the satisfaction of said fish warden within the time 
specified, the owners or occupants of such milldam or artificial 
obstruction shall be deemed guilty of a misdemeanor, and on 
conviction shall be punished as in this act hereinafter pro- 
vided. It shall be incumbent upon the owners and operators 
of all milldams or artificial obstructions, where the fish warden 
requires such fish way to be provided, to keep the same in re- 
pair and open and free from obstructions to the passage of fish 
at all times, and any owner or operator of any dam or artificial 
obstruction who neglects or refuses to keep such fish way in 
repair and open and free from obstruction to the passage of 
fish shall be guilty of a misdemeanor, and upon conviction 
shall be punished as in this act hereinafter provided ; and the 
continuance from day to day of the neglect or refusal after 
notification in writing by the fish warden, shall constitute a 
separate offense ; and it shall be unlawful for any person to 
wilfully or knowingly destroy, injure, or abstract from such 
fish way, or to take or catch any salmon or other migratory 
fish within six hundred feet of any fish way. [L. 1901, p. 337, 
§ 24.] 

Unlawful to Frighten or Drive Salmon. 

It shall be unlawful for any person to place in any stream of 
this State where salmon run or exist, within the distance from 
any dam, fish way or object in which the taking of salmon is 
prohibited by law, any blood or offal of salmon or fish, or any 



20 Laws Pertaining to the Fishing Industry. 

other substance or matter or contrivance that will frighten or 
drive salmon or with intent to drive or frighten from or out 
of that part of the waters of any stream in which it is unlawful 
to fish for or take the same. [L. 1905, p. 94, § 1.] 

Penalty for Violating Preceding Section. 

Any person violating the provisions of this act shall be pun- 
ished by a fine of not less than $50 or not more than $1,000, 
or by imprisonment in the county jail not to exceed six months. 
[L. 1905, p. 94, § 2.] 

I 4086. Sawdust, etc., Placing in Columbia River by Proprietor of Mill 
Unlawful. 

It shall be unlawful for any proprietor or operator of any 
sawmill or other lumber manufacturing concern, or of any 
pulp mill, wood saw, or other wood-sawing or manufacturing 
concern in this State, or any employe thereof, or any other 
person, to cast sawdust, planer shavings, or other lumber 
waste, or surfer or permit such sawdust, shavings, or other 
lumber waste to be thrown or discharged in any manner into 
any waters flowing into the Pacific Ocean within this State, 
or other waters of this State, or the Columbia River, or to 
deposit the same where high waters will take the same into 
any such waters or the Columbia River. Any person or per- 
sons, firm, or corporation, violating any of the provisions of 
this section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined in a sum not less than $50 
nor more than $500, and costs for each and every offense. 
[L. 1905, p. 428, § 2.] 

The question whether or not casting saw- a law prohibiting such act, the courts are 

dust into rivers is injurious to fish is a precluded from examining that question : 

question for the legislature and not for the State v. Shaw, 22 Or. 290, 29 Pac. 1028. 
courts, and when the legislature has passed 

§4087. Fish Wheel, Must Not be Concealed — How Placed. 

It shall be unlawful for any person to place or cause to be 
placed in any of the rivers or waters of this State, or in any 
river or water over or upon which this State has concurrent 
jurisdiction, any fish wheel in a condition to take salmon, or 
in a position less than three feet above the surface of any such 



Laws Pertaining to the Fishing Industry. 21 

river or water, or covered or concealed in such manner that 
the position of the same can not be clearly discerned from the 
nearest river bank, during any part of the close season speci- 
fied in this act. [L. 1901, p. 338, § 26.] 

DEALERS TO REPORT TO WARDEN. 

'i 4088. Dealers Must Report Fish. Purchased. 

It shall be the duty of all persons, firms, or corporations who 
purchase from fishermen or takers or catchers of fish, or who 
catch their own fish for the purpose of canning, packing, pre- 
serving, or selling them for profit or otherwise, or who pack, 
preserve, retail, or otherwise deal in fish, to report to the fish 
warden on or before the fifteenth day of November of each 
year the number of every species of fish, including clams, crabs, 
crawfish, oysters, etc., stated separately, so purchased or taken 
by them during the year ending on said fifteenth day of No- 
vember, and if purchased by weight, the number of pounds of 
each species so purchased or taken ; and said report shall be 
accompanied by affidavit as to the correctness of the same. 
Any person, firm, or corporation who fails, neglects, or refuses 
to comply with the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined in a sum not less than $50 nor more than $500 and 
•costs, for each and every offense. [L. 1905, p. 428, § 3.] 

LICENSE FOR FISHING AND BUSINESS REGULATED. 

■\ 4089. License, Fishing Without, Otherwise Than by Angling Pro- 
hibited. 

It shall be unlawful for any person or persons to take or fish 

for salmon fish or sturgeon in any of the waters of this State, 

or in any of the waters upon which this State has concurrent 

jurisdiction, by any means whatever, except with hook and 

line, commonly called angling, without first having obtained a 

license therefor, as in this act hereinafter provided. [L. 1901, 

p. 338, § 28.] 



22 Laws Pertaining to the Fishing Industry. 

I 4090. Traps, Nets, Fish Wheels, etc., Unlawful to Fish With With- 
out License. 

It shall be unlawful for any person or persons to operate or 
maintain, or leave in a condition to take fish, in any of the 
waters of this State at any time hereafter, any fish traps, weir, 
pound net, set net, gill net, fish wheel, seine, or any device or 
apparatus or gear used in catching salmon fish or sturgeon, 
without first having obtained from the fish warden a license 
therefor as hereinafter provided. [L. 1901, p. 338, § 29.] 

$4091. Packing or Dealing in Salmon or Sturgeon Without License 
Unlawful. 

It shall be unlawful for any person or persons, firm, or cor- 
poration to engage in the business of packing or dealing in 
salmon fish or sturgeon within the State of Oregon without 
first having obtained a license therefor from the fish warden 
as hereinafter provided. All licenses issued under the provi- 
sions of this act shall expire on the thirty-first day of Decem- 
ber following the issuance of such license. [L. 1901 , p. 338, § 30.] 

By the amendment to § 4093, (L. 1905, p. 116), all licenses expire March 81 folio wine 
the issuance of same. 

I 4092. Citizens or Persons Having Declared Intentions, Fishing Re- 
stricted to — License From Washington State Sufficient 
Where. 

It shall be unlawful for any person to take or fish for salmon 
fish or sturgeon in any waters of this State unless such person 
be a citizen of the United States, or has declared his intention 
to become such, and has been a bona fide resident of the State 
of Oregon, or the States of Washington or Idaho, for the pe- 
riod of six months ; provided, that a license issued by the State 
of Washington, such State having concurrent jurisdiction on 
the Columbia River with this State, shall be deemed valid as 
togill nets, and as to gill net fishermen for use on the Colum- 
bia River, as though issued by the fish warden of this State. 
[L. 1903, p. 218, § 1.] 

\ 4093. License, Procedure to Obtain — Amount of License Fees. 

Any person who is a citizen of the United States, or who 
has declared his intention to become such, and is a resident 



Laws Pertaining to the Fishing Industry. 23 

of the State of Oregon, or the States of Washington or Idaho, 
desiring to engage in the business of operating a fish trap, 
wier, pound net, set net, gill net, fish wheel, or seine, or 
other fishing appliance not prohibited by law, for the pur- 
pose of catching fish in any of the waters of this State, or 
over which the State of Oregon has concurrent jurisdiction, 
shall make application in writing to the fish warden of said 
State, specifying with convenient certainty the character of 
the appliance that the applicant desires to obtain license for, 
and the location, if for a stationary appliance, and upon pay- 
ment of a license fee as hereinafter provided, said fish 
warden shall issue to such applicant a license to operate the 
character of appliance desired in said application ; provided, 
that such license shall be good only in the district for which 
the same is issued. The following license fees for fishing, 
appliances shall be paid by those owning or operating the 
same : For each drag seine, not exceeding 500 feet in length, 
$15 ; for each additional foot in length the further sum of 
three cents ; for each gill net, $5.00 ; for each set net, $2.50 ; 
for each pound net, trap, or weir, $25 ; for each scow fish 
wheel, $25 ; for each stationary fish wheel, $35. All licenses 
issued under the provisions of this section shall expire on 
the thirty-first day of March following the issuance of such 
license. [L. 1905, p. 116, § 1.] 

I 4094. Canneries Classified — License Fees to be Paid. 

Any person, firm, or corporation engaged in the business 
of canning fresh salmon in hermetically sealed tins or cans 
in this State shall pay license fees as follows : Those of the 
first class, $100 ; second class, $150 ; third class, $200 ; fourth 
class, $250 ; fifth class, $300 ; sixth class, $350 ; seventh class, 
$400 ; eighth class, $450 ; ninth class, $500 ; tenth class, $550 ; 
eleventh class, $600 ; twelfth class, $650 ; thirteenth class, 
$700 ; fourteenth class, $750 ; fifteenth class, $800 ; sixteenth 
class, $850; seventeenth class, $900 ; eighteenth class, $950 ; 
ninteenth class, $1,000; twentieth class, $1,050 ; twenty-first 
class, $1,100 ; twenty-second class, $1,150 ; twenty-third class, 



24 Laws Pertaining to the Fishing Industry. 

$1,200 ; twenty-fourth class, $1,300 ; twenty-fifth class, $1,500. 
Canners of the first class are those whose pack of salmon 
fish for the year next preceding the year that the license 
is applied for does not exceed 5,000 cases of salmon, forty- 
eight pounds to the case. Those of the second class are can- 
ners whose pack for the year next preceding the year the 
license is applied for exceeded 5,000 cases, but did not exceed 
7,500 cases of salmon, forty-eight pounds to the case. Those 
of the third class are canners whose pack for the year next 
preceding the year the license is applied for exceeded 7,500 
cases, but did not exceed 10,000 cases, forty-eight pounds to the 
case. Those of the fourth class are canners whose pack for 
the year next preceding the year the license is applied for ex- 
ceeded 10,000 cases, but did not exceed 12,500 cases of salmon, 
forty-eight pounds to the case. Those of the fifth class are 
canners whose pack for the year next preceding the year the 
license is applied for exceeded 12,500 cases, but did not exceed 
15,000 cases of salmon, forty-eight pounds to the case. Those 
of the sixth class are canners whose pack for the year next 
preceding the year the license is applied for exceeded 15,000 
cases, but did not exceed 17,500 cases of salmon, forty-eight 
pounds to the case. Those of the seventh class are canners 
whose pack for the year preceding the year the license is ap- 
plied for exceeded 17,500 cases, but did not exceed 20,000 
cases of salmon, forty-eight pounds to the case. Those of the 
eighth class are canners whose pack for the year next preced- 
ing the year the license is applied for exceeded 20,000 cases, 
but did not exceed 22,500 cases of salmon, forty-eight pounds 
to the case. Those of the ninth class are canners whose pack 
for the year next preceding the year the license is applied for 
exceeded 22,500 cases, but did not exceed 25,000 cases of 
salmon, forty-eight pounds to the case. Those of the tenth 
class are canners whose pack for the year next preceding the 
j^ear the license is applied for exceeded 25,000 cases, but did 
not exceed 27,500 cases of salmon, forty-eight pounds to the 
case. Those of the eleventh class are canners whose pack for 
the year next preceding the year the license is applied for ex- 



Laws Pertaining to the Fishing Industry. 25 

ceeded 27,500 cases, but did not exceed 30,000 cases of salmon, 
forty-eight pounds to the case. Those of the twelfth class are 
canners whose pack for the year next preceding the year the 
license is applied for exceeded 30,000 cases, but did not ex- 
ceed 32,500 cases of salmon, forty-eight pounds to the case. 
Those of the thirteenth class are canners wdiose pack for the 
year next preceding the year the license is applied for ex- 
ceeded 32,500 cases, but did not exceed 35,000 cases of salmon, 
forty-eight pounds to the case. Those of the fourteenth class 
are canners whose pack for the year next preceding the year 
the license is applied for exceeded 35,000 cases, but did not 
exceed 37,500 cases of salmon, forty-eight pounds to the case. 
Those of the fifteenth class are canners whose pack for the 
year next preceding the year the license is applied for exceeded 
37,500 cases, but did not exceed 40,000 cases of salmon, forty- 
eight pounds to the case. Those of the sixteenth class are 
canners whose pack for the year next preceding the year the 
license is applied for exceeded 40,000 cases, but did not ex- 
ceed 42,500 cases of salmon, forty-eight pounds to the case. 
Those of the seventeenth class are canners whose pack for the 
year next preceding the year the license is applied for exceeded 
42,500 cases, but did not exceed 45,000 cases of salmon, forty- 
eight pounds to the case. Those of the eighteenth class are 
canners whose pack for the year next preceding the year the 
license is applied for exceeded 45,000 cases, but did not ex- 
ceed 47,500 cases of salmon, forty-eight pounds to the case. 
Those of the nineteenth class are canners whose pack for the 
year next preceding the year the license is applied for exceeded 
47,500 cases, but did not exceed 50,000 cases of salmon, forty- 
eight pounds to the case. Those of the twentieth class are 
canners whose pack for the year next preceding the year the 
license is applied for exceeded 50,000 cases, but did not ex- 
ceed 52,500 cases of salmon, forty-eight pounds to the case. 
Those of the twenty-first class are canners whose pack for the 
year next preceding the year the license is applied for exceeded 
52,500 cases, but did not exceed 55,000 cases of salmon, forty- 
eight pounds to the case. Those of the twenty-second class 



26 Laws Pertaining to the Fishing Industry. 

are canners whose pack for the year next preceding the year 
the license is applied for exceeded 55,000 cases, but did not ex- 
ceed 57,500 cases of salmon, forty-eight pounds to the case. 
Those of the twenty-third class are canners whose pack for the 
year next preceding the year the license is applied for exceeded 
57,500 cases, but did not exceed 60,000 cases of salmon, forty- 
eight pounds to the case. Those of the twenty-fourth class 
are canners whose pack for the year next preceding the year 
the license is applied for exceeded 60,000 cases, but did not 
exceed 65,000 cases of salmon, forty-eight pounds to the case. 
Those of the twenty-fifth class are canners whose pack for the 
year next preceding the year the license is applied for exceeded 
65,000 cases, forty-eight pounds to the case. When more than 
one cannery or plant is operated by the same person, firm, or 
corporation, each shall be licensed separately and according 
to its class. Any person, firm, or corporation desiring to en- 
gage in the business of canning salmon in this State shall 
make an application in writing to the Master Fish Warden 
for a license therefor, which application shall describe the 
location of the salmon cannery, as near as practicable, and 
shall be accompanied by the affidavit of the applicant, stating 
the number of cases of salmon that were packed in such can- 
nery the year next preceding the year the license is to be 
issued, and shall deposit with said application the license 
fee, according to the class in which said cannery should 
be listed. No license shall be issued until such affidavit is 
made and filed and such license fee paid ; provided, that if 
any person, firm, or corporation desires to obtain a license 
for a cannery which had not been operated the year preceding 
such application, such cannery shall, upon application, be 
classed by the Board of Fish Commissioners, and the license 
fee to be paid shall be three times the regular fee according 
to that class ; excepting in a case where a cannery remained 
idle only one season, then in that case the license fee to be 
paid shall be double the regular fee. All licenses issued under 
the provisions of this section shall be good only in the district 
for which the same is issued, and shall expire on the thirty- 



Laws Pertaining to the Fishing Industry. 27 

first day of March following the issuance of such license. 
[L. 1905, p. 116, § 2.] 

$4095. Dealers Classified — License Fees to be Paid. 

Any person, firm, or corporation engaged in the business 
of buying, selling, packing, preserving, or otherwise dealing 
in salmon fish or sturgeon, other than canning thereof, which 
is herein provided for, and whether said person, firm, or 
corporation catches his or their or its own salmon fish or 
sturgeon or not, shall be and are classified as follows : First 
class dealers, handling less than three tons of fish per year ; 
second class dealers, handling three to six tons of fish ; third 
class dealers, handling six to ten tons of fish ; fourth class 
dealers, handling ten to fifteen tons of fish ; fifth class dealers, 
handling fifteen to twenty tons of fish ; sixth class dealers, 
handling twenty to twenty-five tons of fish ; seventh class 
dealers, handling twenty-five to thirty tons of fish ; eighth 
class dealers, handling thirty to forty tons of fish ; ninth class 
dealers, handling forty to fifty tons of fish ; tenth class dealers, 
handling fifty to sixty tons of fish ; eleventh class dealers, 
handling sixty to seventy tons of fish ; twelfth class dealers, 
handling seventy to eighty tons of fish ; thirteenth class deal- 
ers, handling eighty to one hundred tons of fish ; fourteenth 
class dealers, handling one hundred to one hundred and forty 
tons of [fish ; fifteenth class dealers, handling one hundred 
and forty to one hundred and seventy-five tons of fish ; six- 
teenth class dealers, handling one hundred and seventy-five 
to two hundred and twenty-five tons of fish ; seventeenth 
class dealers, handling two hundred and twenty-five to three 
hundred tons of fish ; eighteenth class dealers, handling three 
hundred to four hundred tons of fish ; nineteenth class dealers, 
handling four hundred to five hundred tons of fish ; twentieth 
class dealers, handling five hundred to six hundred tons of 
fish ; twenty-first class dealers, handling six hundred to seven 
hundred tons of fish ; twenty-second class dealers, are those 
who handled over seven hundred tons of fish of the dressed 
product. Any person, firm, or corporation desiring to obtain 



28 Laws Pertaining to the Fishing Industry. 

a license for the purpose of engaging in the business of buying, 
packing, selling, preserving, or otherwise dealing in salmon 
fish or sturgeon, or other than canning thereof, which is herein 
provided for, and whether said person, firm, or corporation 
catches his or their or its own salmon fish or sturgeon or not, 
shall file with the Master Fish Warden an application therefor 
describing with convenient certainty the locality at which the 
applicant proposes to engage in business, and the general 
character of such business, whether cold storage or otherwise, 
and shall accompany such application with an affidavit of the 
applicant stating the total number of tons of salmon fish or 
sturgeon handled by such applicant the year next preceding 
the year the applicant desires the license, and shall deposit 
with the Master Fish Warden the license fee as hereinafter pro- 
vided. Such persons aforesaid of the first class shall pay a 
license fee of $5.00 ; of the second class, $7.50 ; of the third 
class, $10; of the fourth class, $15; of the fifth class, $20; 
of the sixth class, $25 ; of the seventh class, $30 ; of the eighth 
class, $40 ; of the ninth class, $50 ; of the tenth class, $60 ; 
of the eleventh class, $70 ; of the twelfth class, $80 ; of the 
thirteenth class, $100 ; of the fourteenth class, $125 ; of the 
fifteenth class, $160 ; of the sixteenth class, $200 ; of the sev- 
enteenth class, $270 ; of the eighteenth class, $360 ; of the 
nineteenth class, $450 ; of the twentieth class, $540 ; of the 
twenty-first class, $630 ; of the twenty-second class, $800 ; 
provided, that any person, firm, or corporation desiring a license 
that, during the year preceding such application was not en- 
gaged in dealing in salmon fish or sturgeon as a packer by, the 
cold storage process or otherwise shall, upon application, be 
classified by the Board of Fish Commissioners, and the license 
fee to be paid shall be three times the regular fee, according 
to the class named ; excepting in a case where a cold storage 
plant remained idle only one season, then and in that case the 
license fee to be paid shall be double the regular fee. Persons 
desiring to engage in the business of retailing salmon fish or 
sturgeon for home consumption, or peddling such fish from 
house to house, shall be listed of the first class, and shall pay 



Laws Pertaining to the Fishing Industry. 29 

a license therefor accordingly, whether said person caught his 
own salmon fish or sturgeon or not. Where more than one 
shop or plant is operated by the same person, firm, or corpora- 
tion, each shall be licensed separately and according to its 
class. A peddler's license shall be good for one person or 
wagon, and no more. All licenses issued under the provisions 
of this section shall be good only in the district for which the 
same is issued, and shall expire on the thirty-first day of March 
following the issuance of such license. [L. 1905, p. 119, § 3.] 

§ 4096. Record of License Applications to be Kept by Fish. Warden — 
Authority to Inspect Canneries, Places of Business, and 
Books — Appeals. 

The fish warden shall keep and preserve a record of all 
applications for license filed. The fish warden is not bound 
by statements therein made as to the amount of fish packed or 
handled, but for the purpose of ascertaining the true class in 
which any cannery or dealer in salmon fish or sturgeon, as 
herein provided, should be listed, such fish warden or any of 
his deputies has full authority and is hereby authorized to 
inspect the cannery and places of business of such parties, and 
the books of such parties showing the amount of their pack or 
the amount handled (but the information derived therefrom 
shall not be made public), and if in the opinion of the fish 
warden the facts set forth in the affidavit of the applicant for 
a license are untrue, and the canner, packer, or dealer, as 
herein provided, is not properly classed, he shall immediately 
class the same and list the same properly, and cancel the 
license already issued, and demand from such canner, packer, 
or dealer, as herein specified, a new license fee necessary to 
bring it within the class it should have been listed in in the 
first instance; but any person, firm, or corporation feeling ag- 
grieved by the decision of the fish warden may appeal from the 
decision of the fish warden to the circuit court of the State of 
Oregon for the county in which his or its business is situated. 
Such appeal is taken by serving a written notice of such appeal 
on the fish warden, or his deputy residing in the county, and 
filing same with proof of service indorsed thereon within ten 



30 Laws Pertaining to the Fishing Industry. 

days from receiving notice of such relisting by such fish 
warden, together with a bond with one or more sufficient 
sureties, to be approved by the clerk of the circuit court, con- 
ditioned to pay whatever judgment may be rendered against 
him on the appeal, in the office of the clerk of the circuit court 
of the State of Oregon for the county in which said business is 
located ; and the case shall be tried in the said circuit court as 
a suit in equity, and judgment entered by the court accord- 
ingly, and the decision shall be final, and the judgment of the 
court shall be enforced as other judgments are, and shall have 
like force and effect. No costs shall be taxed against the fish 
warden in any event. Nothing in this section shall be con- 
strued to prevent the Board of Fish Commissioners, or any one 
of the deputies, from giving in evidence at the trial of such 
appeal any fact or information derived by them from inspec- 
tion of the books or papers of any canner, packer, or dealer in 
fish, or from offering in evidence in any court the affidavit of 
any person required by this act. [L. 1901, p. 342, § 35.J 

I 4097. License, Dated, Numbered, and What to Contain. 

Each and every license issued under the provisions of this 
act shall be numbered and dated by the fish warden, and the 
number of cannery, dealer, pound net, gill net, drift net, fish 
wheel, seine, trap, or other appliance, or business licensed, and 
the number of the district where the appliance or business is 
located, and shall also contain the name of the person or per- 
sons to whom such license is granted. All licenses for what- 
ever appliance or business granted under the provisions of this 
act shall be valid only in the district for which it is issued, 
and shall expire and become null and void on December 31 of 
each year. [L. 1903, p. 236, § 13.] 

By act of the Legislature of 1905 (L. p. 116), that portion of this section relating to the 
expiration of licenses is amended, making all such licenses expire on the thiYtv- 
first day of March following their issuance. Wee § 4093, as amended, this publicItioA . . 

Certificate Sufficient Proof of Issuance. 

That in all prosecutions requiring proof as to the issuance 
or nonissuance of a license by the Master Fish Warden under 
any of the laws of this State, the certificate of the Master Fish 



Laws Pertaining to the Fishing Industry. 31 

Warden as to the issuance or nonissuance of such license by 
him shall be sufficient proof on that question to establish the 
fact, and such certificate shall be admitted in evidence as to 
the issuance or nonissuance of such license in any prosecution. 
[L. 1905, p. 206, § 1.] 

| 4098. Regulations to Govern Fixed Fishing Appliances. 

Any person, after first having obtained license from the fish 
warden to operate a pound net, trap, or weir, shall indicate the 
location for such pound net, trap, or weir by erecting a per- 
manent and conspicuous monument on the bank of the river 
or channel, and upon said monument shall cause to be placed 
and maintained the license number, preceded by an "O," des- 
ignated by the fish warden at the time of issuing said license; 
said number to consist of black figures not less than six inches 
in length painted on white ground ; after any such pound net, 
trap, or weir has been located and constructed the owner thereof 
shall file a map with the fish warden, giving the exact de- 
scription and location thereof. During the fishing season, 
between sunset and sunrise, a bright and conspicuous white 
light shall be maintained on each pound net, trap, or weir. 
Any person having obtained a license from the fish warden to 
operate a fish wheel, shall cause to be placed and maintained 
in a conspicuous place on said wheel or on a permanent monu- 
ment erected for that purpose the number, preceded by an 
"O," designated by the fish warden at the time of issuing said 
license ; said number to consist of black figures not less than 
six inches in length painted on white ground. Any person 
having obtained a license from the fish warden to operate a 
set net shall cause to be placed and maintained on a substan- 
tial post or monument erected for that purpose on the bank of 
the river or channel, or upon a buoy securely anchored on the 
location claimed, the number, preceded by an "0," designated 
by the fish warden at the time of issuing said license, said 
number to consist of black figures not less than six inches in 
length painted on white ground ; in addition thereto said per- 
son shall cause to be branded on the corks of each end of said 



32 Laws Pertaining to the Fishing Industry. 

set net, and upon the cork nearest the center thereof the num- 
ber designated in said license, said number to consist of fig- 
ures not less than one inch in length. Any person having 
obtained a license from the fish warden to operate a seine 
shall cause to be placed and maintained in a conspicuous place 
on the wharf, scow, or float maintained at the seining ground 
claimed, the number, preceded by an "0," designated by the 
fish warden at the time of issuing said license, said number 
to consist of black figures not less than six inches in length 
painted on white ground ; in addition thereto said person 
shall cause to be branded on the corks of each end of said 
seine, and upon the cork nearest the center thereof, the num- 
ber designated in said license, said number to consist of fig- 
ures not less than one inch in length. Any person having 
obtained a license from the fish warden to operate a gill net 
in any of the waters of this State or the Columbia River, or 
from the fish commissioner of the State of Washington, said 
State having concurrent jurisdiction on the Columbia River 
with this State as to gill nets and as to gill net fishermen, 
shall cause to be placed upon the corks of each end of such 
net, and upon the cork nearest the center thereof, the number 
designated in said license, said number to consist of figures 
not less than one half inch in length ; and shall also cause to 
be placed upon each side of the bow of the boat used to oper- 
ate such net, the number designated in said license, preceded 
by an "0," if issued by the fish warden of the State of Ore- 
gon, or the number designated in said license, preceded by a 
"W," if issued by the fish commissioner of the State of Wash- 
ington, said number to consist of black figures not less than 
six inches in length painted on light ground, or white figures 
not less than six inches in length painted on dark ground. A 
separate license shall be required for each pound net, trap, 
weir, fish wheel, set net, or for any other fixed appliance, and 
for each seine, gill net, or other drift net. Any owner or op- 
erator of any fishing appliance or boat herein specified, who 
fails, neglects, or refuses to comply with any of the provisions 
of this section within five days from the date of license issued 



Laws Pertaining to the Fishing Industry. 33 

for such appliance, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of not 
less than $10 nor more than $50 and the costs of the action ; 
a failure from day to day to comply with any of the provisions 
of this section shall constitute a separate offense and subject 
the owner or operator of said appliance or boat to additional 
punishment by such fine. [L. 1905, p. 429, § 4.] 

Pound Net — Duty of Owner. 

That it shall be the duty of the owner of each and every 
pound net constructed in the waters of the Columbia River, 
over which the State of Oregon has concurrent jurisdiction, to 
remove from the bed of the Columbia River all piling driven 
in the same, by pulling out said piling, within five days from 
the close of each fall fishing season, and to keep said piling out 
of the river until within ten days of the commencement of the 
fishing season in the following spring. [L. 1905, p. 271, § 1.] 

Violation of Preceding Section — Penalty. 

That any person who shall violate any of the provisions 
'of this act, upon conviction thereof, shall be punished by a 
fine of not less than $50 nor more than $500, or by imprison- 
ment in the county jail not less than twenty-five days nor more 
than two hundred and fifty days, or by both such fine and 
imprisonment. [L. 1905, p. 271, § 2.] 

I 4099. Fish Warden to Keep Books and Devote Entire Time to His 
Office. 

The fish warden shall keep proper books showing the 
licenses issued, to whom issued, and amounts received, and 
all moneys disbursed and paid out for any cause. It shall 
also be his duty to devote his entire time and attention to the 
fishing interests and fishing industries of the State ; and see 
that all laws for the protection, preservation, and propagation 
of all food fishes, and oysters and shellfishes, in the waters 
and streams of this State are enforced. [L. 1901, p. 344, § 38.] 
Fisheries 3 



34 Laws Pertaining to the Fishing Industry. 

I 4100. Annual Report of Warden and Suggestions to Board. 

Said fish warden shall annually, on December 1, report to 
the Board of Fish Commissioners of this State a full account 
of his actions, also of the operations and results of the law 
pertaining to fish and shellfish industries, the method of taking 
fish, the number of young fish hatched and where distributed, 
amount of expense incurred, and make suggestions as to the 
needs to further legislation, if any, and full statistics of the 
fishing and shellfish industries, and amount of all money re- 
ceived and disbursed. [L. 1901, p. 344, § 39.] 

$4101. Arrests, Aiithority of Warden and Deputies to Make Without 
Process — Resistance a Misdemeanor. 

The fish warden or his deputies shall have authority to ar- 
rest without writ, rule, order, or process any person or per- 
sons detected by him or them in the act of committing a crime 
in violation of the fish laws of this State ; and they are hereby 
made peace officers of this State for that purpose, and shall 
have authority to execute all criminal process issued for the ar- 
rest or detention of any person complained against for the 
violation of any of the fish laws of this State. Any person, 
who knowingly or wilfully resists or opposes such officer in 
discharge of his said duties shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be punished as 
in this act hereinafter provided. [L. 1901, p. 344, § 40.] 

$ 4102. Inspection of Canneries, Cold Storage Houses, etc., by Warden. 
The fish warden is hereby authorized to inspect all can- 
neries, cold storage houses, boats, nets, wheels, traps, and 
other fishing apparatus, and all property used in the catching 
and packing of fish, for the purpose of enforcing the provi- 
sions of this act, and to that end said fish warden is authorized 
to enter into said property and make inspection thereof. 
[L. 1901, p. 345, § 41.] 

£4103. Attorney General, Commissioners May Require Advice From 
— Prosecuting Attorneys to Act on Complaint of Board. 

The Board of Fish Commissioners shall have the authority 

to apply to the Attorney General for his official opinion upon 



Laws Pertaining to the Fishing Industry. 35 

any question touching the construction and interpretation of 
the statutes and the duty of the Board of Fish Commissioners 
wherein they shall need legal advice ; and it shall be the duty 
of the prosecuting attorneys of the several districts to prose- 
cute in their respective districts, on information and complaint 
of such Board of Fish Commissioners, fish warden, or any of 
his deputies, any person violating any of the provisions of 
this act. [L. 1901, p. 345, § 42.] 

§ 4104. Salary and Expenses of Wardens, How Audited and Paid. 

The salaries of the fish wardens, and the necessary expenses 
incurred by them in the performance of their duties, and all 
the expenses incurred under the provisions of this act, shall 
be audited by the Board of Fish Commissioners, upon bills 
being presented properly certified by the fish wardens ; and the 
Secretary of State shall, upon the approval of such bills, draw 
his warrant upon the State Treasurer in payment of the same 
from the general fund. [L. 1901, p. 345, § 43. J 

$ 4105. Fish Commissioners Shall Receive Only Expenses. 

Said Board of Fish Commissioners shall receive no com- 
pensation for their services as such board, but shall be allowed 
necessary actual traveling expenses. All accounts for ex- 
penditures incurred or made pursuant to the provisions of 
this section shall be audited and approved by said commis- 
sion before presentation to the Secretary of State. [L. 1901, 
p. 345, § 44.] 

$4106. Fish Commissioners May Propagate Food Fishes — Authority 
of in so Doing. 

The Board of Fish Commissioners is authorized by this act 
to propagate and stock the various waters and streams of this 
State with salmon, sturgeon, trout, or other food fishes, not in- 
imical to or destructive of salmon ; and for the purpose of pro- 
tecting the same they are hereby authorized to close any stream 
or any designated portion thereof in this State frequented by 
salmon, or any stream which they have stocked, and prevent 
any person taking or fishing for or catching any salmon or 



36 Laws Pertaining to the Fishing Industry. 

food fishes therein. Should the Board of Fish Commissioners 
desire to close any stream or designated portion thereof fre- 
quented by salmon, or any stream or designated portion thereof 
which they have stocked with food fish, they shall cause no- 
tice thereof to be filed in the office of the county clerk in each 
county in which such stream or designated portion thereof 
lies, and shall publish such notice in some public newspaper 
published at the county seat in such county or counties for 
four successive weeks. Such notice shall designate as nearly 
as practicable the streams or designated portion thereof to be 
closed, and shall state that on and after a date therein stated 
it will be unlawful to fish for or take or catch any salmon or 
other food fishes therein (which date shall not be less than 
thirty days from the date of the first publication), and shall 
cause like notices to be published for such time in three con- 
spicuous places on the banks of such streams or designated 
portion thereof. Upon the completion of the publication of 
such notice, the same, with proof of the publication and post- 
ing thereof, shall be filed with the original notice in the office 
of the county clerk, and it shall be unlawful at any time after 
the expiration of the date specified in said notice for any per- 
son to fish for, catch, or take any salmon, or any food fishes 
stocked therein, until notice shall be filed and likewise pub- 
lished by the Board of Fish Commissioners of the opening of 
such stream or designated portion thereof to the public for 
fishing. [L. 1901, p. 345, § 45.] 

§ 4107. Placing Fish in Water Without Authority of Board Unlawful. 
It shall be unlawful for any person, without written author- 
ity from the Board of Fish Commissioners, to place in any 
water of this State any species or variety of fish whatever. 
[L. 1901, p. 346, § 46.] 

I 4108. Justices' Courts Have Concurrent Jurisdiction. 

Justices of the"peace shall have concurrent jurisdiction with 
the circuit courts of this State of all offenses mentioned in this 
act. [L. 1901, p. 346, § 48.] 



Laws Pertaining to the Fishing Industry. 37 

| 4109. Fish May be Taken by Proper Officers For Propagation at 
Any Time. 

Nothing in this act shall be construed so as to prevent the 
taking of salmon at any time of the year by the Board of Fish 
Commissioners or accredited officers of the United States Gov- 
-ernment, for propagation. [L. 1901, p. 346, § 49.] 

'i 4110. Fish. Appliances Liable to Execution for Fines. 

Any and all gear and appliances used in violation of the 
provisions of this act, including boats, traps, nets, weirs, fish 
wheels, or other appliances, shall be subject to execution for 
the payment of fines and costs herein provided for. [L. 1901, 
p. 346, § 50.] 

| 4111. Fishing "Without License or Otherwise Unlawfully, Subjects 
Appliances to Seizure — Procedure Thereon. 

All fish traps, pound nets, gill nets, set nets, fish wheels, 
fishing boats, and vessels used in fishing, and apparatus, and 
any and all appliances or devices which shall be used or em- 
ployed by any person or persons or corporations, including all 
such fishing appliances fished or operated by any person who has 
not obtained a license, or a license to operate such appliance, 
in fishing for or catching salmon fish at or during any time 
or in any of the waters in this act prohibited, and which by 
this act is made unlawful, whether being operated by any 
person or left in a condition to take fish, or abandoned but 
left in a condition to take fish, shall be seized and be confiscated, 
condemned, and sold, and the proceeds of such sale shall be 
paid to the State Treasurer, and by him deposited in the 
hatchery fund for the district in which such appliance is 
seized ; and it is hereby made the duty of the fish warden to 
seize and take into his possession all such fishing appliances 
hereinbefore mentioned, which shall be operated wrongfully 
or unlawfully by any person, or left by any person in a con- 
dition to take fish, or abondoned by any person but left in a 
condition to take fish, shall be seized and be confiscated, con- 
demned, and sold, and the proceeds of such sale shall be paid 
to the State Treasurer and by him deposited in the hatchery 



38 Laws Pertaining to the Fishing Industry. 

fund for the district in which snch appliance is seized ; and 
it is hereby made the duty of the fish warden to seize and 
take into his possession all such fishing appliances hereinbe- 
fore mentioned, which shall be operated wrongfully or un- 
lawfully by any person, or left in a condition to take fish, or 
abandoned by any person but left in a condition to take fish, 
at or during any time or in any of the waters in this act pro- 
hibited, and which is made unlawful by this act ; and im- 
mediately upon such seizure the prosecuting attorney for the 
district in which such appliance is seized shall institute an 
action in the circuit court for that county to have such ap- 
pliance confiscated, condemned, and sold ; such petition shall 
contain a true description of the appliance sought to be con- 
fiscated, condemned, and sold, as nearly as practicable, to- 
gether with all marks, brands, or any special features thereof, 
calculated to designate same from other appliances of like 
nature, and, if a fixed appliance, the number ; and shall allege 
facts showing that the same was used in violation of the pro- 
visions of this act. The petition shall be duly verified by the 
oath of the fish warden, or one of the deputies, and in such 
action the State of Oregon shall be plaintiff, and the owner of 
such appliance, if known, shall be the defendant ; and if un- 
known, then such unknown owner shall be designated as 
"John Doe," whose true name is unknown; and such like 
proceedings shall be had and such action shall be prosecuted 
to final determination as in actions at law, excepting that the 
summons shall be issued by the clerk of the court, and shall 
require the defendant, if known, to appear and answer within 
fifteen days after the service of such summons upon him, 
and if he fails so to appear and answer, judgment of confis- 
cation shall be entered as prayed for in the petition. Such 
summons shall contain a brief description of the appliance 
sought to be confiscated ; and if such defendant shall be un- 
known or can not be found, the summons shall require such 
unknown owners to appear within four weeks after the first 
publication thereof, as hereinafter provided ; such summons 
shall be served upon the defendant, if known, personally in 



Laws Pertaining to the Fishing Industry. 39 

any county in the State ; and if unknown and can not be 
found, the summons shall be published for four weeks in 
some newspaper published in the county where the action is 
instituted. All persons owning or claiming any interest in 
such fishing appliance will be permitted to answer, setting 
forth their various interests, but it will be no defense to a 
judgment of confiscation that the owner or mortgagee or lienor 
of such appliance did not consent to have the same unlawfully 
operated. Upon the trial of said cause the matter to be de- 
termined shall be whether or not the appliance seized was 
unlawfully employed, or suffered or permitted to be unlaw- 
fully employed, in violation of the provisions of this act, or 
used or operated without a license or by one not licensed ; 
and if judgment shall be entered, that the same was used or 
employed, or suffered or permitted to be used or employed, 
in violation of this act, a judgment shall be rendered confis- 
cating each appliance and ordering the same to be sold at 
public auction to the highest bidder for cash, and execution 
shall issue upon such judgment as in an ordinary action at 
law, and like proceedings shall be had under such execution 
as now provided by law. The money arising from the sale 
of such appliance shall be immediately deposited with the 
State Treasurer, and by him deposited in] the hatchery fund 
for the district in which such appliance was seized. No fee 
shall be charged or collected from the Board of Fish Commis- 
sioners at the institution or during the prosecution of such 
action, and no judgment shall be awarded against them or 
the State of Oregon for costs and disbursements. Should the 
Board of Fish Commissioners deem themselves aggrieved by 
the ruling or decision of the court at any time after the in- 
stitution of said action, the right of appeal is hereby given 
the State of Oregon, to be prosecuted in the same manner as 
appeals in ordinary civil actions, excepting that no fee shall 
be charged the State and no bond shall be required on appeal. 
[L. 1901, p. 347, § 51.] 



40 Laws Pertaining to the Fishing Industry. 

I 4112. The Term "Person" or "Persons," What to Include. 

The term "person" or "persons" used in this act shall be 
deemed to include partnerships and corporations. [L. 1901, 
p. 349, § 52.] 

§4113. Penalty for Violating Provisions of Act. 

Any person or persons violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of not less than 
$50 nor more than $1,000, and the costs of the action, or by 
imprisonment in the county jail not less than twenty-five days 
nor more than one year, or by both such fine and imprison- 
ment ; provided, in case of fine only that he be imprisoned in 
the county jail until such fine and costs of action be paid, he 
shall be credited on such fine and costs the sum of $2.00 for 
each day of imprisonment. In all actions for violations of the 
provisions of this act one third of the moneys collected as fines 
shall be paid to the District Attorney, or his deputies, who 
conducts the action ; one third shall be paid to the informer 
or prosecuting witness ; provided, such informer or prosecuting 
witness is not a regularly appointed and salaried fish warden, 
or salaried deputy warden ; the remaining one third or two 
thirds, or all, as the case may be, shall be paid to the Master 
Fish Warden and by him deposited with the State Treasurer, 
to be placed in the "hatchery fund" for the district in which 
said fine was imposed. [L. 1903, p. 237, § 15.] 

§4114. Sturgeon. 

Repealed. 

This section is repealed by act of 1905 (L. p. 277). The substance of the section is con. 
tained in § 4061, as amended, 1905 (L. p. 238). 

§4115. Young Sturgeon, Unlawful to Take in Columbia River — Penal 
Provision. 

It shall be unlawful at any time to take or kill any young 
sturgeon under four feet in length, or fish for the same with 
any device or appliance whatever in the waters of the State 
of Oregon, or in the waters of the Columbia River or its tribu- 
taries ; and any person or persons fishing with a trap, weir, 



Laws Pertaining to the Fishing Industry. 41 

pound net, gill net, set net, fish wheel, seine or any other 
fishing apparatus in the waters of the State of Oregon, or in 
the waters of the Columbia River or its tributaries, who, on 
lifting, drawing, taking up, or removing any trap, weir, pound 
net, gill net, set net, fish wheel, seine, or other fishing appa- 
ratus, shall find young sturgeon under four feet in length 
entangled or caught therein, shall immediately, with care and 
the least possible injury to the fish, disentangle and release 
the same and transfer the fish to the water without violence. 
Any person or persons, firm or corporation, violating any of 
the provisions of this section, or receiving or having in his 
or their possession for consumption, sale, or transportation, 
or sells or offers for sale or for transportation, or tranports 
young sturgeon under four feet in length, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not less than $20 and not more than 
$1,000 and costs of the action, or by imprisonment in the 
county jail not less than ten days nor more than one year, or 
by both such fine and imprisonment ; 'provided, in case of fine 
only, that he be imprisoned in the county jail until such fine 
be paid, and he shall be credited on such fine the sum of 
$2.00 for each day imprisoned. All moneys collected as 
fines shall be disposed of as follows : One third shall be paid 
to the prosecuting witness other than the Master Fish Warden 
or the deputy fish warden ; the remaining two thirds, or all, 
as the case may be, shall be paid to the Master Fish Warden, 
and by him deposited with the State Treasurer, to be placed 
in the hatchery fund for the district in which said fine was 
imposed. In all prosecutions under this section the posses- 
sion by any person or persons, firm or corporation, of young 
sturgeon under four feet in length shall be construed as prima 
facie evidence that the same was taken from the waters of the 
State of Oregon, or from the waters of the Columbia River or 
its tributaries. [L. 1905, p. 278, § 2.] 



42 Laws Pertaining to the Fishing Industry. 

\ 4116. Chinese Sturgeon Lines, Use of Prohibited in Columbia River 
— Fish Commissioner to Destroy — Penal Provision. 

It shall be unlawful to cast, extend, set, use, or continue 
or assist in casting, extending or using, any Chinese sturgeon 
line, or lines of a similar character, in the waters of the State 
of Oregon, or in the waters of the Columbia River or its 
tributaries. The fish warden and any of his deputies or 
bailiffs, sheriffs, deputy sheriffs, constables, or other peace 
officers, are hereby authorized to seize and destroy any such 
lines found in said waters, and they are hereby authorized to 
arrest, without warrant, any person or persons detected in 
setting or using any Chinese sturgeon line or lines of a sim- 
ilar character in said waters. Any person or persons vio- 
lating any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not less than $20 and not more than 
$1,000 and costs of the action, or by imprisonment in the 
county jail not less than ten days nor more than one year, or 
by both such fine and imprisonment ; provided, in case of fine 
only, that he be imprisoned in the county jail until such fine 
and costs of action be paid, and he shall be credited on such 
fine and costs the sum of $2.00 for each and every day im- 
prisoned. All moneys collected as fines shall be disposed 
of as follows : One third shall be paid to the prosecuting 
witness other than the Master Fish Warden or the deputy fish 
warden ; the remaining two thirds, or all, as the case may 
be, shall be paid to the Master Fish Warden, and by him de- 
posited with the State Treasurer, to be placed in the hatchery 
fund for the district in which said fine was imposed. [L. 1905, 
p. 279, §3.1 

FISH WAY OVER THE FALLS AT OREGON CITY. 
Appropriation For. 

That there be and hereby is appropriated out of any moneys 
in the State treasury, not otherwise appropriated, the sum of 
five thousand ($5,000) dollars, or so much thereof as shall be 
necessary, to construct a fish way over the falls of the Wil- 
lamette River, at Oregon City. [L. 1903, p. 307, § 1.] 



Laws Pertaining to the Fishing Industry. 43 

Location of Fish Way, How Determined. 

Said fish way shall be constructed in the bed of the river at 
such point along said fall as may be determined by the Board 
of Fish Commissioners of the State, by making excavations 
in the solid rock and building such superstructure as will be 
necessary, so that the slope will be more gradual and a series 
of pools formed connecting with each other, all constructed 
and arranged in such a manner that salmon can freely ascend 
from below to above the falls by passing from pool to pool. 
[L. 1903, p. 307, § 2.] 

Board of Fish. Commissioners to Award Contract. 

The plans, location, and construction of said fish way shall 
be under the control and direction of the said Board of Fish 
Commissioners, which board is hereby authorized, at its dis- 
cretion, to purchase tools and supplies, and employ a super- 
intendent and workmen to construct the same, or advertise 
and award contract or contracts for the construction of said 
fish way. Said construction shall begin as soon as practicable 
after the approval of this act. [L. 1903, p. 307, § 3.] 

Board to Draw Warrants. 

All expenses of whatever nature incurred by said board 
under the provisions of this act shall be paid upon properly 
certified bills being presented, and the Secretary of State 
shall, upon the approval of such bills by said board, draw 
his warrant upon the State Treasurer in payment of the same 
from the general fund. [L. 1903, p. 307, § 4.] 

May Remove All Obstructions. 

In order to construct said fish way, said board, its employes 
and agents, are hereby authorized to remove all obstructions, 
whether natural or artificial, to the construction of said fish 
way or the passage of fish over said falls, and to remove any 
natural or artificial obstructions placed in the river above the 
falls which would prevent the free passage of fish up the river. 
[L. 1903, p. 307, § 5.] 



44 Laws Pertaining to the Fishing Industry. 

Care After Completion. 

After said fish way is constructed it shall be under the care 
of said board, which shall make any extension, additions, al- 
terations, or repairs to the same that shall become necessary, 
and aDy unexpended part of said sum herein appropriated 
shall be available for such purposes. [L. 1903, p. 307, § 6.] 

§ 4118. Hindering Passage of Fish Prohibited. 

It shall be unlawful for any one to hinder, annoy, or disturb 
the fish entering, passing through, or leaving said fish way, 
or to obstruct the passage of fish through the same at any 
time or in any manner, or for any one to place anything in 
said fish way or use any devise for catching fish, or any wheel, 
or net, or hooks, or lines in said fish way, or anywhere within 
fifty feet thereof, or to catch fish at anytime any where within 
fifty feet of said fish way, or any one to do any injury to said 
fish way. [L. 1893, p. 37, § 8.] 

The concluding: sentence of the act of 1901, (L. p. 337, § 4,) amends this section to 
read " within six hundred feet of said fishway." See § 4085, this publication. 

Following is an opinion of the Attorney General, construing gg 4085 and 4118, ren- 
dered at the request of the Master Fish Warden : 

Salem, Oregon, December 17, 1904. 

Dear Sir: Replying to yours of the 2d instant requesting my opinion as to how near 
to the fish way recently built by the State over the falls of the Willamette River at Ore- 
gon City, people are allowed under the law to catch salmon, permit me to say that sec- 
tion 4085 of Bellinger and Cotton's Annotated Codes and Statutes provides: "It shall 
be unlawful for any person to wilfully or knowingly destroy, injure, or abstract from 
such fish way (those mentioned in the act) or to take or catch any salmon or other mi- 
gratory fish within six hundred feet of any fish way." 

"Any fish way " means a fish way built by the State as well as one built by private 
parties. Any person who violates the provisions of the section above referred to is pun- 
ishable under section 4113, as amended by laws of 1903, page 237. The law of 1893, 1 am 
inclined to think, is applicable, except where they conflict with the 1901 law, as the for- 
mer was enacted with reference to a fish way to be constructed by the State of Oregon at 
Oregon City, and while it was not done under that act, it was constructed by virtue of a 
second act, and the penalties for obstructing the same were not repealed. However, the 
distance that salmon or other migratory fish may be taken from the fish way is gov- 
erned by the law of 1901, that being the later act, and any person who injures the fish 
way in any manner can be punished under the former statute, or other statutes relative 
to injuries to property. 

Respectfully, 

A. M. CRAWFORD, 

Attorney General. 

§ 41 19. Penalty For Violation of Act. 

Any person violating any of the provisions of this act shall 
be guilty of a misdemeanor, and upon conviction shall be pun- 
ished by a fine of not less than $20 nor more than $200, or by 



Laws Pertaining to the Fishing Industry. 45 

imprisonment in the county jail not less than ten days nor 
more than one hundred days, or both, in the discretion of the 
court. [L. 1893, p. 37, § 9.] 

See I 4113 as amended 1903 (L. p. 237, § 15). 

\ 4120. Justices' Courts Have Concurrent Jurisdiction. 

Justices of the peace shall have concurrent jurisdiction in 
the first instance with the circuit courts of all offenses under 
this act. [L. 1893, p. 37, § 10.] 

\ 4121. Authority to Remove Obstructions Above Falls. 

The board provided for in section 3 shall have authority to 
remove any artificial obstructions placed in the river above 
the falls which would prevent the free passage of fish up the 
river. [L. 1893, p. 37, § 11. 

The board referred to in this section, as provided for in section 3 of the act, consists 
of the Governor, Secretary of State, and State Treasurer. Section 3 is temporary in its 
operation, and is therefore omitted. The board created by that section continues in ex- 
istence for the purpose specified in section 4121. 

Fire, Game, and Fish. Wardens, ex officio. 

That from and after the passage of this act the sheriffs and 
deputy sheriffs of the counties and constables of the various 
precincts and districts of the State of Oregon shall be and 
hereby are created ex officio fire, game, and fish wardens. 
[L. 1903, p. 140, § 1.] 

Duties of Wardens. 

It shall be the duty of said fire, game, ani fish wardens to 
enforce all statutes" of the State now in force, or that may 
hereafter be enacted, for the protection of forests and timber 
lands from fire, and for the protection of game, game birds, 
game mammals, song and insectivorous birds, and fish, and 
for the protection of chinook, silverside, steelhead, and all 
other anadromous species of salmon and other fish ; and said 
sheriffs, deputy sheriffs, constables, or wardens shall have 
authority to arrest, without warrant, any person or persons 
caught by them in the act of violating any of the aforesaid 
laws for the protection of forests and timber lands, game and 
food and game fish, and take such person or persons forthwith 



46 Laws Pertaining to the Fishing Industry. 

before a justice of the peace, or other magistrate having juris- 
diction, who shall proceed without delay to hear, try, and deter- 
mine the matter. Such arrests may also be made on Sunday, 
in which case the person or persons arrested shall be taken 
before the proper officer, and proceeded against as soon as 
may be on a week day following the arrest. [L. 1903, p. 140, 
§2.] 

Power to Search Without Warrant. 

Said sheriffs, deputy sheriffs, constables, or wardens shall 
have power, without warrant, to search and examine any boat, 
conveyance, vehicle, fish box, fish basket, game bag, or game 
coat, or other receptacle for game or fish, when they have good 
reason to believe that any of the laws for the protection of 
forests and timber lands, game and food fish, have been vio- 
lated ; and the said sheriffs, deputy sheriffs, constables, or 
wardens shall at any time seize and take possession of any and 
all birds, animals, or fish which have been caught, taken, or 
killed at any time in a manner or for a purpose, or had in pos- 
session or under control, have been shipped or about to be 
shipped, contrary to any of the laws of this State ; and seize 
and take possession of any and all fishing appliance and boats 
fished, operated, or maintained in violation of any of the game 
or fish laws of the State. Any court having jurisdiction of 
the offense, upon receiving proof of probable cause for believ- 
ing in the concealment of any bird, animal, or fish, caught, 
taken, killed, had in possession, under control or shipped, or 
about to be shipped, contrary to the law, shall issue a search 
warrant, and cause a search to be made in any place, and to 
that end may, after demand and refusal, cause any building, 
inclosure, or car to be entered, and any apartment, chest, box, 
locker, crate, basket, or package to be broken open and the con- 
tents thereof examined by any said sheriff, deputy sheriff, con- 
stable, or warden. All birds, animals, or fish, or nets or fishing 
appliance or apparatus, seized by any sheriff, deputy sheriff, 
constable, or warden shall be disposed of in such manner as 
may be directed by the court before whom the offense is tried, 



Laws Pertaining to the Fishing Industry. 47 

and such sheriff, deputy sheriff, constable, or warden shall not 
be liable for damages on account of any search, examination, 
or seizure, or the confiscation of any nets or fishing appliance 
or apparatus of any kind in accordance with the provisions of 
this act. [L. 1903, p. 141, § 3.] 

Additional Fees from Fines. 

Any sheriff, deputy sheriff, constable, or warden, as informer 
or prosecutor, upon the arrest and prosecution of any offender 
to conviction under the provisions of this act, shall, in addi- 
tion to the fees to which he may be entitled under existing 
laws, be entitled to receive one third of the money collected as 
fines in such action. [L. 1903, p. 141, § 4.] 

Violations — Returns of Officers — Penalty. 

Each of the said sheriffs, deputy sheriffs, constables, or 
wardens shall, for the purpose of this act, have concurrent juris- 
diction throughout his own proper county ; and they shall in 
the first week of each term of the circuit court of their respec- 
tive counties, make special returns to said court, under oath, 
of all violations occurring in their respective counties or dis- 
tricts, or which may come or be brought to their notice, of any 
of the provisions of any law now in force, or that may hereafter 
be enacted for the protection of the forests and timber lands, 
game, and fish ; and it shall be the duty of the judge of said 
court to see that such returns are faithfully made, and any 
sheriff, deputy sheriff, constable, or warden wilfully neglecting 
or refusing to make such returns, or to prosecute any offense 
under said laws of which he shall have personal knowledge, or of 
which he shall have notice in writing by any citizen, giving 
the name of the offender, together with the names of the wit- 
nesses, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be sentenced to pay a fine of $50, or 
to undergo an imprisonment in the county jail of two months, 
both or either, at the discretion of the court. [L. 1903, p. 142, 
§5.] 



48 Laws Pertaining to the Fishing Industry. 

OYSTER BEDS: PROPAGATION AND GATHERING. 
$4122. Natural Oyster Beds Free — Artificial Beds Private Property. 

The natural beds of oysters on the waters of this State shall 
be free to all citizens thereof who shall have resided in this 
State one year, and shall have been residents of the county 
where such beds are located for a period of six months imme- 
diately preceding the time of taking such oysters ; but artifi- 
cial plantations of oysters belonging to citizens of this State, if 
distinctly marked out by means which shall not obstruct navi- 
gation, and not exceeding the extent allowed by local regula- 
tions, shall be deemed and protected as private. property ; and 
the following portions of Yaquina Bay, in Benton County, are 
hereby designated and set apart for artificial plantations of 
oysters, to wit: Brown's Flat, Pool's Slough, Lyman's Eddy, 
and Green Point; and the size and dimensions of said oyster 
beds shall remain as they have been fixed by the local regula- 
tions of the oystermen's association, not exceeding two acres 
in any one plantation ; and every person holding a claim for 
the cultivation of oysters shall in all respects comply with the 
local regulations applicable thereto. [L. 1862, D. Cd. p. 830, 
§ 1 ; L. 1868, p. 14, § 1 ; L. 1870, p. 78, § 1 ; H. C. § 3844.] 

I 4123. Close Season as to Natural Beds. 

No person shall remove oysters from natural beds between 
the fifteenth day of June and the tenth clay of September in 
any year ; provided, that nothing in this chapter shall be so 
construed as to prevent any person owning artificial beds from 
taking oysters from said beds at any time. [L. 1864, D. Cd. 
p. 830, § 2; H. C. § 3845.] 

I 4124i. Who Privileged to Take Oysters. 

No person not a citizen of the United States or competent 
to become such under the laws of congress, and actually dom- 
iciled within the State, and subject to State and county taxes, 
shall gather oysters in natural beds, for sale or transporta- 
tion or for replanting, nor shall own any artificial oyster bed 
or any interest therein ; nor shall any person purchase oysters 



Laws Pertaining to the Fishing Industry. 49 

for transportation or replanting except from persons so quali- 
fied. [L. 1862, D. Cd. p. 830, § 3 ; H. C. § 3846.] 

\ 4125. Regulations For Taking Oysters From. Natural Beds. 

No person shall gather or take oysters from natural beds 
within the waters of this State with a scoop, scrape, drag, or 
dredge where the water is of a less depth than twenty-four 
feet at low tide ; nor shall any person gathering oysters from 
natural or artificial beds commit or permit waste by casting 
young oysters or shells on shore or in places unfavorable to 
their growth or increase. [L. 1862, D. Cd. p. 830, §4; L. 1868, 
p. 14, § 4 ; L. 1876, p. 7, § 1 ; H. C. § 3847.] 

§4126. Penalty For Violation of Provisions of Sections 4122, 4123, 
4124, and 4125. 

Every person who shall be guilty of violating any provision 

of sections 4122, 4123, 4124, and 4125 shall, on conviction 

thereof, be fined in any sum not exceeding $1,000 for every 

such offense. [L. 1862, D. Cd. p. 830, § 5 ; L. 1870, p. 67, 

§ 1; H. C. § 1951.] 

PLANTED OYSTERS. 
Unlawful to Gather or Have in Possession. 

From and after the passage of this act it shall be unlawful, 
for a period of four years, to gather or attempt to gather, to 
have in possession, or to offer for sale, any eastern, native, or 
other oyster, or their progeny, that have heretofore or may 
hereafter be deposited or planted by the State Biologist, or 
the United States Fish Commission, in the waters of Oregon ; 
provided, that this section shall not apply to the taking, or hav- 
ing in possession any such oysters by said biologist. [L. 1905, 
p. 203, § 1.] 

State Biologist, Duty to Mark Location. 

It shall be the duty of the State Biologist, immediately after 
such oysters are planted, to designate the place, in such man- 
ner as he may deem sufficient, by placing or causing to be 
placed, stakes, post-buoys, signboards, or other devices, as the 
condition of the location may admit ; provided, however, that 
Fisheries 4 



50 Laws Pertaining to the Fishing Industry. 

the extent of any portion of the natural oyster beds of Yaquina 
Bay, Lincoln County, Oregon, which may now or hereafter be 
occupied for the purpose of planting eastern, native, or other 
oysters, by the State Biologist or the United States Fish Com- 
mission, shall not exceed one acre. [L. 1905, p. 204, § 2.] 

Unlawful to Remove or Damage Devices Marking Oyster Beds. 

It shall be unlawful for any person or persons to wilfully or 
maliciously remove or damage any stakes, post-buoys, sign- 
boards, or other devices placed in the water or upon shore for 
the purpose of designating the place where such oysters are 
planted. [L. 1905, p. 204, § 3.] 

Penalty for Violating Preceding Sections. 

Any person who shall violate any of the provisions of the 
foregoing sections of this act, shall, upon conviction, be fined 
not less than $10 nor more than $50, or be imprisoned not less 
than five days nor more than twenty-five days in the county 
jail. And it shall be the duty of the State Master Fish Warden, 
his deputies and water bailiffs, as well as peace officers, to 
make arrests and institute prosecutions for the violation of 
this act ; and one half of each fine collected shall be paid to 
the informer. [L. 1905, p. 205, § 4.] 

OYSTER BEDS IN NETARTS BAY. 

I 4129. Oyster Plantations in Metarts Bay, Regulation of. 

That portion of Netarts Bay, in Tillamook County, Oregon, 
lying south of the quarter-section line running east and west 
through the center of section 19, in township 2 south, range 
10 west of the Willamette meridian, is hereby designated as 
natural oyster beds ; and that portion of said bay lying north 
of said quarter-section line is hereby designated and set apart 
for artificial plantations of oysters ; and the sizes of such arti- 
ficial plantations shall be as fixed by the local regulations of 
any oystermen's association now existing or hereafter" o be 
formed on said bay, not exceeding two acres in any one plan- 
tation, and every person holding a claim for the cultivation of 
oysters on said bay shall in all respects comply with the local 



Laws Pertaining to the Fishing Industry. 51 

regulations applicable thereto ; provided, however, that uo per- 
son, firm, corporation, or association shall be entitled to locate 
more than one such claim. [L. 1901, p. 128.] 

SALT WATER CRABS. 

Protection of in Waters of Coos County. 

That it shall be unlawful for any person within the county 
of Coos, State of Oregon, or within or upon the waters thereof, 
and including all bays, harbors, and inlets of said county, to 
kill, take, capture, or destroy any greater number than fifty 
salt water crabs in one day ; and it shall be unlawful for any 
person, firm, or corporation, within said county, or upon the 
waters thereof, to sell, exchange, or transport outside of said 
county, or to have in possession, for the purpose of such ex- 
change, sale, or transportation from said county, any of the 
aforesaid salt water crabs ; and it shall be unlawful for any 
steamboat company, railroad company, express company, or 
other common carrier, or corporation, or the officers or agents 
thereof, or any other person, to transport or carry out of said 
county, or to receive or have in possession for the purpose of 
such transportation therefrom, any salt water crab, except for 
the purpose of exhibition or propagation ; provided, that this 
act shall not apply to the canning of salt water crabs within 
said county or the exportation of the canned product thereof. 
[L.,1905, p. 312, §1.] 

Penalty for Violating Preceding Section. 

Any person or persons, or any manager, president, agent, or 
employe of any firm or corporation, who shall violate, or shall 
assist in violating any of the provisions of this act, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be punished by a fine of not less than $25 and the costs 
of tie prosecution, and not more than $500, together with the. 
costs f the prosecution, and in default of payment of such fine 
and costs, shall be imprisoned in the county jail one day for 
every $2.00 of such fine and costs until the whole thereof shall 
be paid. [L. 1905, p. 312, § 2.] 



INDEX 



INDEX. 



ALSEA BAY— PAGE 

Closed season on 6 

Fish wheels, traps, etc., unlawful to have 6 

To fish above Gravel Bar unlawful 6 

APPEAL — 

From decision of Master Fish Warden, costs 29, 80 

APPLIANCES — 

Confiscation of 37 

Inspection by Master Fish Warden 81 

Liable to execution for fines 37, 3S, 89 

License for 23 

To be numbered, and light displayed at night 81 

Unlawful to be used without license 22 

ARREriT — 

Authority of Master Fish Warden to make without process 84 

Resistance, how punished 81 

ATTORNEY GENERAL— 

Board of Fish Commissioners may require legal advice 85 

Opinion of, construing sections 4085 and 4118 44 

BLUEBACK SALMON — 

Possession of, for sale or transportation during closed season prohibited IS 

BOATS — 

Used by fishermen have to be numbered 32 

BOARD OF FISH COMMISSIONERS — 

Expenses, how audited and paid 15, 18 

How constituted 14 

May apply to Attorney Genei'al for legal advice 34 

May propagate food fishes 15, 16, 35 

To audit bills offish warden and exercise supervisory control over 15 

Shall receive no compensation 35 

To construct fish way at Oregon City 43 

To construct and operate hatcheries in adjoining States 17 

To make additions, alterations, etc., to fish way at Oregon City 44 

Traveling expenses allowed 85 

Unlawful to place fish of any species or variety in waters of State without 

authority 36 



56 



Index. 



BURDEN OF PROOF— page 

In prosecution of violation of act relating to salmon 112 

CANNERIES — 

Classification 23 

Classification, authority of Board of Fish Commissioners 26 

Inspection of, by Master Fish Warden 29, 34 

License applications to be kept by Master Fish Warden 29 

License fees to be paid 23 

License, what to contain 30 

More than one operated by same person, separate license is required 20 

Not operated preceding year, what class 26 

CHINOOK SALMON — 

Possession of, for sale or transportation during closed season prohibited 18 

CITIZENS — 

Having declared intentions, fishing restricted to , 22 

License from States of Idaho and Washington sufficient, where 22 

COAST STREAMS— 

Closed season on 8 

COLD STORAGE HOUSES— 

Inspection by Master Fish Warden 34 

COOS BAY— 

Closed season on 17 

COQUILLE RIVER — 

Closed season on 7,8 

DEALERS — 

Classification and license fee 27, 28 

Dealing in salmon without license unlawful 22 

License, how obtained and amount 28 

To report amount of fish purchased 21 

DEPUTY FISH WARDEN — 

Appointment of 14 

Bond of 14 

Duties of 14 

Salary of 14 

EXPLOSIVES — 

Use of, prohibited 13 

FIRE. GAME, AND FISH WARDENS - 

Are created ex officio 45 

FISH WARDENS — 

Annual report and suggestions 34 

Appeal from, and costs 29, 30 

Appointment 14 



Index. 57 

FISH WARDENS— Continued— page 

Bond 14 

Certificate sufficient proof of issuance of licenses 30, 81 

Compensation and duties 14, 45 

Concurrent jurisdiction 47 

Deputy, duty and compensation 14, 45 

Fees 47, 50 

May arrest persons damaging devices marking oyster beds 50 

May inspect canneries, places of business, and books, for what purpose 29, 34 

Power to search without warrant 46 

Resistance, how punished 34 

Salary and expenses, how audited and paid 35 

To confiscate property, when 37, 46 

To keep books and devote entire time to office 33 

FISH WAY— 

Construction of, at Oregon City 42 

Hindering passage of fish at Willamette Falls 44 

Justices' courts to have concurrent jurisdiction 45 

Obstruction to be removed 43 

Penalty for violation of act 43 

Removal of obstructions above 45 

Te be under care of Board of Fish Commissioners 44 

Unlawful to take fish from or within six hundred feet of any fish way 19 

FISH WHEELS — 

Concealed or covered prohibited 20, 21 

License for stationary 23 

To be placed in conspicuous place 20 

Unlawful to use, without license 22 

What lawful 20 

FISHING DAM — 

Unlawful to construct, on certain streams 9 

GILL NETS — 

Application for license to be made in writing 23 

License fee for 23 

Regulations governing use of 32 

Unlawful to use, without license 22 

HATCHERIES — 

Commissioners to select and locate 15 

Construction and operation of, in adjoining States 17 

Fund, how constituted and kept 15 

Maintenance of, on Columbia River 17 

Private, payment to out of license money 16 

Rocks and other obstructions for, authorized 17 

Unlawful to injure or destroy racks, traps, etc 17 

HATCHERY FUND — 

How constituted and kept 15 



58 Index. 

LICENSE— page 

Procedure to obtain 22, 23 

What to contain 30 

OBSTRUCTION OF STREAMS— 

Construction of milldam or artificial obstruction prohibited IS, 19 

OYSTERS— 

Artificial beds private property 48- 

Close season as to natural beds 48 

Natural beds free 48 

Penalty for violation of act 50 

Planted, unlawful to gather or have in possession 49 

Plantations in Netarts Bay 50 

Regulations for taking, from natural beds 49 

Unlawful to remove devices marking beds 50 

"PERSON" OR "PERSONS"— 

Term, what to include 40 

POUND NET— 

Duty of owner to procure license 23 

Fee for license 23 

Unlawful to use without licenses ■- 22 

RIPARIAN OWNERS— 

Exclusive rights of 10 

SALMON— 

Burden of proof in prosecuting for violations of act 12, 13 

Closed season, on Alsea Bay and tributaries 6 

Closed season, on certain Coast streams 8 

Closed season, on Columbia River east of Des Chutes 4 

Closed season, on Columbia River west of Des Chutes 3 

Closed season, on Coos Bay and tributaries 7 

Closed season, on Coquille River ~ 

Closed season, on Rogue River and tributaries 4 

Closed season, on Tillamook Bay and tributaries 5 

Closed season, on Umpqua River and tributaries 7 

Closed season, on Willamette River and tributaries 4 

Closed season, possession of unlawful 18 

Closed season, contraband, disposition of money 12, 13 

Defined 3 

Fishing except with hook on Columbia River east of Des Chutes 4 

Fishing on Willamette River south of the falls at Oregon City prohibited: — 4 

Fishing without license prohibited 21 

Fish wheels or traps in Alsea Bay, river, or tributaries <> 

Gaffs, spears, and foul hooks prohibited, except by Indians 12 

Gravid, unlawful to take 14 

License, fishing without, what prohibited 21, 22 

May be taken at any time by accredited officers 37 

Not to be taken near fishway 18, 19 

Penalty for violating act regarding 42 



Index. 59 

SALMON— Continued— page 

Placing explosives or poisonous substances in water unlawful 13 

Possession during close season unlawful 18 

Prohibiting construction, operation, and maintenance of fish traps, nets, 

etc., in Necanicum River 10 

Seines and nets, exclusive right of riparian owners 10 

Spawning, unlawful to take '. 11 

Traps, weirs, fishing dams, and fish wheels in certain streams prohibited 9 

Unlawful to take within two miles of any hatchery, rack, or trap 17 

Wheel, what unlawful 20 

Young, what unlawful to take 11 

SALT WATER CRAB — 

Protection of, in waters of Coos County 51 

Penalty for violation of act 51 

Unlawful to transport, by corporations 51 

SAWDUST, ETC.— 

Discharging of, in any waters flowing into Pacific Ocean prohibited 20 

Penalty for violation of act 20 

SEINE — 

Mesh to be measured diagonally 11 

Penalty for violation 11 

SET NET — 

Application for license to use 23 

Construction and operation of, in Necanicum Creek 10 

Fees for license 23 

Regulations to govern 31, 32 

Unlawful to use, without license 22 

SILVERSIDE SALMON — 

Possession of, for sale for transportation during closed season prohibited 18 

STEELHEAD SALMON — 

Possession of, for sale for transportation during closed season prohibited 18 

STREAM — 

Closed for purposes of propagation 35 

STATE BIOLOGIST — 

Duty of, to mark location of oysters planted ., 49 

STURGEON — 

Chinese sturgeon lines prohibited 42 

Closed season for 40, 41 

Officers to seize and destroy lines 42 

Penalty for violating act 42 

Use and disposition of fines 42 

Young, unlawful to take, and penalty 41 

TILLAMOOK BAY— 

Closed season on 5 



60 Index. 

TRAP, WEIR, ETC.— page 

License fees to be paid 23 

Owner must file map 81 

Owner must erect monument 31 

To be numbered in conspicuous place 31 

To display light at night 31 

YAQUINA BAY— 

Unlawful to fish above mouth of Mill Creek except with hook and line 5 



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